Contract Law in Malaysia - Free Essay Example

Sample details Pages: 6 Words: 1742 Downloads: 13 Date added: 2017/06/26 Category Best Score Essay Type Narrative essay Tags: Contract Law Essay Did you like this example? Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of à ¢Ã¢â€š ¬Ã…“contractsà ¢Ã¢â€š ¬Ã‚ , without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. Don’t waste time! Our writers will create an original "Contract Law in Malaysia" essay for you Create order There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity According to (Abbott, Pendleburry Wardman, pg112), capacity refers to the power to enter into any contract they wish. In Section 11 of Contracts Act 1950, every person is competent to binding a contract, when that specific person is in the age of majority, of sound mind, and is not disqualified from contracting in law previously. But, for some particular group of individual, there is no capacity of entering into a contract for them, this particular group are minors, mentally ill or drunkenness and also corporations. Minors In Malaysia, a minor refers to anyone who below the age of 18, according to (Lee, pg106). According to Age of Majority Act, 1971 stated that the age of majority is 18 and above. According to the case of Tan He Juan v Teh Boon Keat [1934], the plaintiff, who was an infant, executed the transference of land under the approval of defendant. Then, court held to declare the transference, and contract was void because of the involvement of minors entered into a contract. Based on (Abbott, Pendleburry Wardman, pg112), there are two principles in law to govern minorà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract. First, it was formed to protect minors to against their immaturity and lacking of experiences. Second, it is used so that the law will not cause unnecessary hardship to people who deal an agreement with a minor. Therefore, contracts that minor entered into will eventually be void, according to Contracts Act. The law seems to be prejudiced on adults who deal with minors. Therefore, to refuse any unfairness, certain exceptions have been created to avoid minors obtaining benefits with the existence of this law. à ¢Ã¢â€š ¬Ã‹Å"Contractsà ¢Ã¢â€š ¬Ã¢â€ž ¢ for necessaries As stated by (Nabi Baksh and Arjunan, pg173), under section 69 of the Contracts Act, if an individual is supplied by another individual with necessaries that suitable to oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s condition in life, supplies is able to reimbursed from such individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. This section may provide a broader scope of facts. Therefore, according to (Elliott and Quinn, pg57), à ¢Ã¢â€š ¬Ã‹Å"necessariesà ¢Ã¢â€š ¬Ã¢â€ž ¢ means goods that is importantly for a minor and it is suitable to the condition in life. Such goods are including foods, shelters and clothes. Court will be deciding whether if a contract is necessaries; therefore, court will first determine whether that specific goods are considered crucial and suitable for minorà ¢Ã¢â€š ¬Ã¢â€ž ¢s condition in life, then court will observe and understand whether goods are in fact of necessaries for the minor. In Government of Malaysia v Gurcharan Singh Ors [1971] case, scholarship agreement that involved by an infant has become part of necessaries under virtue of Contracts (Amendment) Act, 1976, and therefore such agreement was valid, based on (Nabi Baksh and Arjunan, pg173). Fraud by Minors By following the common law, a minor may be sued if one is involve in torts or any unlawful act, this stated by (Nabi Baksh and Arjunan, pg174). Therefore, a minor will eventually be sued without hesitating the age of being in minority. However, there is an indirect enforcement for minor to enter a contract which supposedly to be void which as stated earlier. Therefore, it is unacceptable when a minor misrepresenting oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and convinced for any loan agreement and contract will be void. The defendant in R Leslie Ltd v Sheil [1914] 3 KB 607 case had made a loan agreement from plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s company, defendant was under the age of majority and he lied about his age to enter a contract. In this case, plaintiff failed to claim damages from defendant because such action was indirectly enforcing minor to enter an enforceable contract. Under Contracts Act, it seems to be liberal where contracts which involve the minority will eventually be void even where a minor falsely imitate to be an adult, except of contract for necessaries. Therefore, under section 115 of the Malaysian Evidence Act, when one intentionally made another party to believe the false, it shall not be in any suit. Restitution If a minor had done torts and the goods were still in such individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s hand, such individual would be required to make restitution, based on (Nabi Baksh and Arjunan, pg175). There are limitation of remedy since it was only available when minor done a civil act. In Malaysia, Contracts Act and the Specific Relief Act 1950 are responsible to take turn for the attempt of relief. Marriage Contract As stated by (Nabi Baksh and Arjunan, pg177), there is also an exception when it comes to a marriage contract. Under section 4(a) of the Age of Majority Act 1971, minority will not be influenced the capacity in namely marriage, divorce, etc. In Rajeswary v Balakrishnan (1958) case, court held that a marriage contract that a minor entered was actually valid. To be fair, there is regulation where for those who entered marriage contract below 21 year-olds, it is a must to obtain fatherà ¢Ã¢â€š ¬Ã¢â€ž ¢s written consent before marriage. This was seen under section 12 of the Law Reform (Miscellaneous Provisions) Act 1976, based on (Nabi Baksh and Arjunan, pg177). And therefore, for any breach of contract of marriage that involved minors, such minors may also sue or be sued. Employment Contracts In line with (Nabi Baksh and Arjunan, pg177), for any young person that involved under section 13 of Children and Young Persons (Employment) Act, it is capable for such individuals to enter into contract of service. However, for such group of individuals, there should be no damages if there is any breach of contract. Such people are not required to avail à ¢Ã¢â€š ¬Ã‹Å"next friendà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"guardian ad litemà ¢Ã¢â€š ¬Ã¢â€ž ¢ in defending an action. The Mentally Ill and The Intoxicated The Mentally Ill In Malaysia, a person who is mentally ill is unable to think rationally and has difficulties in making judgment. Under section 12, person who suffers from mental disorder is incompetent to enter a contract, based on (Latimer, pg352). The meaning of mentally ill may leads to people avoiding their contractual obligations, therefore, person who is mentally ill will eventually be bound unless there is evidence to show that such person does not understand what have been happening and other person has already aware of his mental condition. Besides, a person must be of sound mind binding to a contract, as stated in section 11 of the Contracts Act. The Intoxicated As stated in (Latimer, pg352), if a drunkenness person or whom is on drugs, it is judged similarly as the incapacity of mentally ill. When one has evidence to show that one did not understand about the contract, or other party has known about his mental condition, the contract will be void. Corporations According to (Latimer, pg353), corporation or also known as company, refers to is an artificial creation of legal person and corporation must be differentiated from shareholders. There are two types of company in Malaysia, which are registered companies and listed companies. Registered companies are corporation that registered under the Malaysia Act. Then, listed companies are corporation that issues bonds and securities to the public. Based on Section 124 of the Corporations Act 2001, a company has the capacity to enter contract even though there are limitations to enter a contract. Besides, under section 19(5), companies shall also sue or be sued when there is issue occurs. Question (b) Essentially, the principle issue in this case refers to whether Giri has or has no capacity to enter into a contract with Tobias, then, there should be enough and valid reasons to prove it. In Girià ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Giri, who is below the age of 18 years old is considered as an à ¢Ã¢â€š ¬Ã…“infantà ¢Ã¢â€š ¬Ã‚  in law, as referred to the words of Age of Majority Act 1971 in Malaysia. Thus, when there is an involvement of minor in a contract, the contract will automatically be void except if there is any exception. As seen in Government of Malaysia v Gurcharan Singh Ors [1971] case, first defendant was a minor at that specific period of time. Therefore, court held that the contract was void. Back to Girià ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Giri is below 18 years old; still in the age of minority. And therefore, she has no power and capability to enter such contract. As stated earlier, if minors involved in specific cases where there is certain exception t hat might lead her to the capability to enter a contract. Contracts of Necessaries that under section 69 of the Contracts Act is the only exception that minor can enter into a contract. To define à ¢Ã¢â€š ¬Ã…“necessariesà ¢Ã¢â€š ¬Ã‚ , it is actually referring to goods that are necessarily important to an individual for the condition of life. Once it is proven that Girià ¢Ã¢â€š ¬Ã¢â€ž ¢s laptop is not under à ¢Ã¢â€š ¬Ã…“necessariesà ¢Ã¢â€š ¬Ã‚ , she will not be capable to enter into a contract. For instance, after the case of Government of Malaysia v Gurcharan Singh Ors [1971] was held, contracts which involved education such as scholarship, has become unavoidable since education is à ¢Ã¢â€š ¬Ã‹Å"necessariesà ¢Ã¢â€š ¬Ã¢â€ž ¢ under Section 69 of the Act. Thus, minors can enter a contract when it is proven that it is a Contracts of Necessaries. The laptop that Giri wants to buy is not à ¢Ã¢â€š ¬Ã‹Å"necessariesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to her condition in life, it is no t a crucial good that brings importance to life. Hence, she has no capacity to enter in a contract. As a final point, Giri has no capacity to enter a contract because she is a minor and laptop is not under à ¢Ã¢â€š ¬Ã…“necessariesà ¢Ã¢â€š ¬Ã‚  in the condition in life. Conclusion To conclude the overall law of capacity, it is referring to the power of an individual to enter or competent binding a contract. Then, limitations were created to protect several groups of individuals from entering a contract, which are the minors, the mentally ill and also corporations. In Malaysia, minors are individuals who are below the age of 18 years old. Contracts that minors entered into will be void because of their inexperience. However, there are exceptions for certain minors where they might have the rights to enter into a contract. Besides, mentally ill person is also incompetent to enter a contract due to their disability to think. Lastly, corporation has power to competent into a contract and the contract will be valid.

Essay about Use of Poetic Devices in Two Love Poems

Both, the poem â€Å"Reluctance† by Robert Frost and â€Å"Time Does Not Bring Relief† by Edna St. Vincent Millay, revolved around the theme of lost love. Each poet used a similar array of poetic devices to express this theme. Visual imagery was one of the illustrative poetic devices used in the compositions. Another poetic device incorporated by both poets in order to convey the mood of the poems was personification. And by the same token, metaphors were also used to help express the gist of both poems. Ergo, similar poetic devices were used in both poems to communicate the theme of grieving the loss of a loved one. The use of visual imagery in each poem immensely contributed to conveying the theme. In the poem†¦show more content†¦Consequently, this picturesque poetic device helped communicate the theme of lost love by helping the reader associate the personas’ thoughts and beliefs with their own. Furthermore, a second poetic device used in both of t hese poems was personification. In â€Å"Reluctance,† Frost personified the parts of his body to explain how torn he was about losing his love: â€Å"†¦The heart is still aching to seek/ But the feet question ‘Whither?’†¦Ã¢â‚¬  (Frost, 17-18). The personification in this stanza made the persona’s uncertainty and pain apparent and contributed to the establishment of the mood. If the persona himself had bluntly said that he wanted to look for his loved one but didn’t know where to look, the impact would not have been nearly as dramatic. Millay also used personification in her poem, â€Å"Time Does Not Bring Relief†. Personification was used to communicate the role time played in her life during her loss: â€Å"Time does not bring relief; you all have lied/ Who told me time would ease me of my pain†¦Ã¢â‚¬  (Millay, 1-2). The lack of involvement time had in the speaker’s life during her loss made it apparent how deeply grief-stricken she was. 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Social Media and Law Enforcement Sample Essay Example For Students

Social Media and Law Enforcement Sample Essay Social media has brought about a batch of alterations both in the society at big and assorted work topographic points. Law enforcement organisations have besides non been left behind by the impact of societal media whereby many jurisprudence enforcement officers have engaged in the usage of societal media in about every topographic point that they go ( Brunty. Helenek. A ; Miller. 2013 ) . It has become rather an issue of great concern among the many Law enforcement executives. This has resulted in some jurisprudence enforcement executives presenting some signifier of ordinance policies on the usage of the societal media by the jurisprudence enforcement officers while they are at their work Stationss and off from work. Should jurisprudence enforcement organisations regulate single officer’s societal media activity? Over the old ages. there have been great technological promotions which have resulted in alterations in how people operate and live. One of the major technological promotion is the entry of societal media platforms which allows people from different P [ humanistic disciplines of the universe. profession and even societal standings interact with one another ( Brunty. Helenek. A ; Miller. 2013 ) . About every major jurisprudence enforcement bureau have a facebook history among many other societal media platforms through which they interact with the common citizens as they offer their services ( Waters. 2012 ) . The facebook or even twitter histories are connected to the official web sites of the organisations hence it is possible to make out to big figure of people. In the jurisprudence enforcement organisations. officers have been known to utilize the societal media platform even when at work and to some extent this has crossed boundaries and therefore the demand for ordinance of the usage societal media by constabulary officers ( Conser. Paynich. A ; Gingerich. 2013 ) . Regulating the societal media activities of single constabulary officers is rather a slippery issue since to some extent it is viewed as violation on the personal freedom of the officers. However. constabulary officers have the first responsibility to function the citizens and hence there is demand for ordinance of their activities on the societal media ( Waters. 2012 ) . Police officers must move responsibly and demo with good illustration. Regulating the single activities of constabulary officers on the societal media is of import due to the unity of the force which is supposed to be maintained ( Brunty. Helenek. A ; Miller. 2013 ) . When constabulary officers engage in societal media activities at their discretion and at any clip they want. this affects their work public presentation which will intend that service bringing to the citizens will be affected ( Waters. 2012 ) . The societal media every bit much as it helps in some manner. constabulary officers need to guarantee that they engage in such activities merely when out of work or when utilizing the official facebook page for the communicating of of import issues of the jurisprudence enforcement section. How do jurisprudence enforcement organisations regulate the usage of societal media? Social media is of import to jurisprudence enforcement organisations since it opens an avenue for direct communicating with the general populace and besides aid in controling issues of offense and even assist in probes ( Brunty. Helenek. A ; Miller. 2013 ) . However. if there is abuse of the societal media platforms. this can jeopardize the lives of officers and even do some signifier of via media on instances which are being investigated. To be able to battle the hazards which are associated with the usage of societal media by jurisprudence enforcement officers. it is of import to understand the societal media ( Shipley. A ; Bowker. 2014 ) . Furthermore. it is of import to accommodate to the societal media which is impacting the day-to-day lives and activities of the constabulary officers. the benefits which the jurisprudence enforcement organisation will accomplish through the societal media and the jobs that are likely to be faced. Examining the history and background of intangible assets EssayPuting up of electronic mail qui vives whenever there is a word searched or posted by a member of the jurisprudence enforcement helps modulate activities as mentioned by the overseer during the interview. Having a societal media director is besides a scheme mentioned in the interviews ( Waters. 2012 ) . The director supervises and proctors all activities on the societal media sites to look into for loopholes and besides modulate what members post or sear5ch for on the sites. Decision Research and observations have indicated that societal media has contributed greatly to the manner jurisprudence enforcement organisations operate every bit good as how police officers perform. On one manus. societal media has been a approval for assisting better communicating with the populace while on the other manus ; it has brought a challenge on covering with activities of officers. Training of officers on affairs associating to societal media usage and besides qualifying the behaviors which offices should and should non prosecute in is of great importance in modulating the societal media activities of the officers. Knowledge and information is power and therefore preparation of constabulary officers on usage of societal media for the involvement of the section and that of their well being is the best scheme to implement in the attempts to modulate activities of officers on societal media. Mentions Brunty. J. . Helenek. K. . A ; Miller. L. ( 2013 ) . Social media probe for jurisprudence enforcement. Cincinnati. Buckeye state: Anderson. Conser. J. A. . Paynich. R. . A ; Gingerich. T. ( 2013 ) . Law enforcement in the United States. Burlington. Mass: Jones A ; Bartlett Learning. Flynn. N. ( 2012 ) . The societal media enchiridion: Rules. policies. and best patterns to successfully pull off your organization’s societal media presence. stations. and possible. Hoboken: John Wiley A ; Sons. Shipley. T. G. . A ; Bowker. A. ( 2014 ) . Investigating internet offenses: An debut to work outing offenses in internet. Waltham. Ma: Syngress. Waters. G. ( 2012 ) . Social Media and Law Enforcement. FBI Law Enforcement Bulletin. 81 ( 11 ) . 1-5. Beginning papers

Women In Television Essays - Gender Studies, The Brady Bunch

Women in Television The role of women in television has had an impact important on humanity and on life in America. The image of women in situation comedies has changed. Women in our society have played many roles. During this period from the decades of the 1950's through the 1990's, women started getting their own jobs and got better schooling. The roles of women as portrayed in popular American television have changed from that of humiliating, degrading images to those of dignity and respect. In the series, the ?Brady Bunch?, Carol Brady, cast as the role of the mother, is portrayed as a person who dedicates her entire life to her family. Her activities are family centered. It does not appear that she has employable skills, or that she would choose to go into the work world. She is not portrayed as a decision-maker but waits until her husband comes home to make decisions. Alice, A very strong ?maid? who virtually makes decisions about running the household, supports her management of her home. A great emphasis is placed on Mrs. Brady's physical attractiveness. In contrast, the series ?Home Improvement? has a mother who is strong and makes all the decisions of the household. Compared to Mrs. Brady's portrayal, the mother is a powerful and hard working mother and wife for both her boys and her husband. She portrays the major influence that working women have on American society today. The foci on women on television have changed since the 1950's, giving women more powerful images. Today, in the 1990's, women have shown that their standards are for excellence in both work and home. Educational background is more important than sex appeal. Indeed, the image of women portrayed in television since the 1950's has improved to one of dignity and respect.