Government's liability on tsunami / Siti Nuramani Abd Manab, Cartaz Ummu Syawaeda Jaiman and Rahidatulakma Rasedi

Our research is on government's liability on tsunami as it has caused the death of the people and the property damage. The objective of the research is to see whether the government has fails in formulating and implementing an adequate and effective policy on disaster management to deal with the impact of the earthquake. As we know, tsunami is the result of the occurrence of earthquake which was occurred in the sea. Prior to 26th December 2004, we do not have any policy on disaster management with regard to the earthquake although we had experienced the effect of the earthquake in late 90's in certain part of Malaysia. Thus, when our country has not being prepared at all to deal with the situation. However, after 26th December 2004 the government has actively involved in die society to ensure the effectiveness of the policy on disaster management with regard to tsunami. Among of their efforts is that by held on a series of talks, training on how people should react if there is real impending tsunami. Apart from that, with regard to the early warning system on tsunami, our country is in the process of setting up the warning system by the cooperation with other Asian Countries, Therefore, with regard to the implementation of an adequate policy on disaster management, if the government implement such policy earlier, the impact of tsunami in our country may be mitigate by relying on the experience of the earthquake in late 90's. Thus, the government should be held liable since they have fails to formulate and implement an adequate policy on disaster management with regard to tsunami

Equity Perfecting an Imperfect Gift of Shares: A comparative study on the rulings of the Malaysian federal court and English common law

The aim of this paper is to ascertain how the latest Malaysian apex court apply English trust law for equity to perfect an imperfect gift of shares as encapsulated in the leading case of Pennington v Waine. A comparative research methodology reveals that there must be detrimental reliance on the part of the donee of shares, which cannot be justified from the perspective of company law. It must also be unconscionable for the donor of shares to deny the donee and this subjective test is too wide and confers the court's unfettered discretion to perfect an imperfect gift

Automatic discharge for bankruptcy: reviewing Bankruptcy Act 1967 in Malaysia / Nur Akmar Shamira Shamsudin … [et al.]

A bankruptcy is often seen as the one who caused the debt-virus among the society. It is indeed, an allergic word that has been traumatized among the nation for ages. Although there are several steps had been forwarded however, the numbers keep increasing. A total of 243,823 people have been declared bankrupt in the country as according to the Malaysia Department of Insolvency, between 2005 and June 2012. This can be summarized as about 52 people are declared bankrupt every day compared with 36 in 2007. Due to the reason of non-payment of business loans, housing, personal, or car loans the people below 45 are the conqueror of this statistics and this is of no good. Thus, in enhancing the law that has been implemented, several provisions need to be reviewed as to erase this lacuna and several countries were made as a reference to comprehend our legislation. Generally, these two ways of discharging and annulling the procedure would not suffice the objectives of lessen the statistics. Although in such a way, the financial institution may make serious effort to assist the borrower, then in initiating the bankruptcy proceeding is not going to be the first at a time. Plus, several consideration need to be taken on when only the Director General of Insolvency (DGI) has to act upon and also the right of being a bankrupt

Analysing the conditions for establishing vicarious liability in Malaysia / Mohd Safri Mohammed Naaim … [et al.]

Amidst the realm of employment scenarios, there are cases where an employee’s actions caused injury to their victims. Generally, an employer may be held vicariously liable for its employee’s actions, subject to several conditions. The research found that while the concept of vicarious liability has been long recognised in Malaysia, there is still a question over the test used by the court in determining “the course of employment.” The test to determine “the course of employment” has evolved over time, transitioning from “frolic of his own” to a “close connection test,” as affirmed in GMP Kaisar Security (M) Sdn Bhd v Mohamad Amirul Amin Bin Mohamed Amir [2022] 6 MLJ 369. In this case, the Federal Court held that the employee’s shooting was closely connected to his employment, and that it would be fair and just to hold the employer vicariously liable, despite the fact that his actions may have been unauthorised by the employer. However, this flexible approach may offer limited protection to the latter. This research therefore aims to analyse the conditions for establishing vicarious liability in Malaysia, particularly the test employed by the court, to determine whether the defendant’s actions fall within the course of employment. This research adopts a doctrinal approach involving a detailed analysis of the relevant case law and scholarly writing related to this area

A comparative analysis of statutory remedy under the restitutio in integrum principle for contracts involving minors in Malaysia, England and Wales / Mohd Safri Mohammed Na’aim ... [et al.]

This paper reports the findings of a study on the application of the principle of restitutio in integrum as a form of statutory remedy for void contracts involving minors. Within the Common Law legal system in Malaysia, England and Wales, the legal capacity to enter into a contract has been codified as one of the elements of a valid contract. Section 11 of the Malaysian Contracts Act 1950 (Act 136) (CA 1950) explicitly requires age of majority as one of the conditions of a competent person, whereby the legal effect of contracts with minors is void. The research problem stems from the apparent lack of legislative protection for adults who fairly entered into contracts with minors under the CA 1950. While restitution resulting from a void contract can be sought under section 66 of the CA 1950, the relief under the section can only be invoked if the agreement is “discovered to be void”. The research endeavours to overcome the unfairness suffered by the adult contracting party through the legislative reform of restitution in contracts involving minors. To achieve this aim, the research conducted a comparative legal analysis of the legislation on contracts entered into by minors between Malaysia, England and Wales. The samples for analysis are the Minors’ Contracts Act 1987 (MCA 1987), case law, textbooks, journal articles, and scholarly writings related to this area. The primary and secondary legal resources were analysed using doctrinal and content analysis to compare the legal position on restitution in a minor’s contract between both jurisdictions. The research proposed that section 66 of the CA 1950 is amended by taking into account section 3 of the MCA 1987, which leaves the issue of restitution to the discretion of the court based on justice and fairness. It is anticipated that the amendment would protect adults who have fairly entered into agreements for non-necessaries with minors in Malaysia

PROBLEMÁTICA DE LA TERMINAL DE CONTENEDORES DEL PUERTO DE SALINA CRUZ, OAXACA

Tesis de Licenciatur

Notes et observations sur le tétanos traumatique / par A. Cartaz,...

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