BTW1200 Malaysian Business Law Assignment Sample
In this assignment BTW 1200 Malaysian Business Law, you will learn about the various aspects of law in Malaysia. You’ll be introduced to dispute resolution techniques and examined on your knowledge of contract-related laws such as misrepresentation or agency agreements among others! There’s also some talk about partnership contracts which have been prevalent here since ancient times and company transactions both public and private that go hand-in-hand with these types of partnerships.
Public companies are also introduced which you should be knowledgeable about if you do business with them. You will learn why they are required to publish financial statements and other relevant information so that shareholders can determine the company’s worthiness to do business with. The formation of public companies is also discussed, as well as their requirements for reporting details such as compensation of directors and officers.
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BTW 1200 Malaysian Business Law Assignment Brief
By the end of this group assignment, you will be able to:
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Assignment Task 1: Analyze the Malaysian legal system, paying particular attention to its law-making institutions, statutory interpretation, and different dispute resolution methods
The Malaysian legal system is controlled by the judiciary branch in Malaysia. This branch of government deals with all laws that have been passed or made whether they are in regards to civil or criminal offenses. The legislature in Malaysia deals with laws being drafted for new legislation while the executive deals with the enforcement of these laws. A case study example includes a person writing about their own personal situation where they were involved in an auto accident and need to get compensation from the other party who was at fault for causing them injuries. Since there is no pre-determined law related to this particular circumstance, both parties can write down their proposal on how they think this case should be resolved using their version of what happened during the incident itself. The judges will then look over both contracts and come to a conclusion that they feel is the fairest based on what was written by both sides.
Statutory interpretation deals with the guidelines set forth by lawmakers in regards to how laws should be applied. Most laws are made to prevent certain actions or situations from occurring within society itself while others are meant for clarity purposes when other types of disputes arise amongst citizens. For example, any contracts submitted between two parties should have clear instructions at points where it may become confusing for one person to understand if their part has been fulfilled already while another may have interpreted things differently without noticing there were different interpretations being used within the contract itself. There are three basic principles that are used during statutory interpretation including literal construction, rule, and the mischief rule.
Assignment Task 2: Examine and apply the principles of contract law, misrepresentation, and agency law to hypothetical legal problems
Contract law is the legal enforcement of contracts. Both oral and written contracts are covered by this type of law. The two major elements of a contract are ‘offer’ and ‘acceptance,’ without which there can be no contract. When you become involved in an option, it can lead to disagreements or uncertainty about whether or not one party should take action, or if they have any obligations under that agreement. This is where contract law might prove useful as an authoritative third party that either person could use to settle their disagreement instead of pursuing disputes through other means like violence.
A misrepresentation occurs when someone makes a false statement with the knowledge that it will deceive another person into agreeing to do something they otherwise would not have done. The false statement is part of the contract itself and can become a cause for dispute in some cases when one party decides they no longer wish to fulfill their end of the agreement. This may lead to that person becoming dissatisfied depending on how important that particular statement was within the entire contract itself.
Agency Law deals with the relationship between a principal and an agent. The main difference between this law and contract law is that agents are not provided with all of the information regarding what their role is within their position. This creates some difficulties when trying to determine if someone was responsible for something they were told to do without knowing who they were working for or what their primary obligations were as an agent. Without enough details, it may be difficult to determine whether both parties had agreed on those particular terms ahead of time before the work was completed which can lead to disputes arising later down the road as one person decides they would like monetary compensation instead of doing additional work without receiving more money than originally negotiated initially.
Assignment Task 3: Examine the legal differences between partnerships and corporations
Partnerships don’t have shareholders or limited liability. Corporate shares are negotiable securities that can be sold to the public, and corporations have a broader scope of functions than partnerships.
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Partnerships are not recognized in all countries and a partnership’s dealings will carry more risk for its members than the same business carried on within a corporation due to lack of limited liability protection. However, partners can provide each other with personal limited liability by guaranteeing their own capital contributions. Corporations, meanwhile, incur greater administrative costs such as holding meetings and filling out paperwork (not something that every partnership would need) but do allow for broader functions such as issuing stocks that can be traded publicly (not something that partnerships usually do).
Assignment Task 4: Conduct basic legal research using primary and secondary sources
Primary sources are documents created by a person or organization that is directly involved with the consensus. For instance, if you were conducting research into a vicarious liability, your primary source would be the actual case where someone has been sued for vicarious liability as opposed to a textbook on vicarious liability. This is because it’s always better to have firsthand accounts of an event where possible.
Secondary sources are those documents that have been created by individuals who weren’t present at the event being researched, interacted with first-hand information from other first-hand testimonies and records before writing their article or book about them later. Secondary sourcing should still be used as a check on primary sourcing where possible but don’t disregard what they have to say until you have confirmed the details from multiple primary sources.
Assignment Task 5: Deliberate Common Law comparative aspects.
Comparatively, common law is more formal in its proceedings than civil law. Civil cases are heard by one judge while criminal cases are heard by three judges in the court of appeal. When a custom is decided upon which applies throughout all common law principles it’s known as stare decisis. Where there isn’t a precedent for the specific case in question judges rotate between precedent decisions to help guide them when making their decision.
Where the judge rotates in civil law it is known as stare decisis where judges must follow previous rulings made by certain cases. However, in common law, if a judge doesn’t like how another judge ruled they may decide to switch around and rule along another line of the precedent set out by another judge. This is known as judicial discretion which each judge has and where they may like the sound of a case before them and therefore rule accordingly.
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