Reviews and Discussions:

Question:

What are the advantages and disadvantages of the doctrine of Stare Decisis for the development of law?

Answer:

Advantages:

- It may save the time of judgement towards cases and allow the efficiency of case judgement.

- As a reference for the judgement.

- Prevention of the flaws.

Disadvantages:

- Not all cases are applicable although there are some similarities of the case, it might lead to the wrong judgement.

- The previous biased or wrong judgement may mislead the current wrong judgement. Thus bring its aftermath to the stakeholders.

Chapter: Introduction to law (Malaysian Legal Systerm)

What Do You Think?

Question:

Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.

- It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

- Determine Geena’s liability: civil or criminal?

- What law(s) and statutes you think Geena has violated?

Answer:

In this case, Geena is liable to criminal law as he offences against the state by conduct a fraud to attempt to flee with the money with scam investment. Other than that, he held a fake passport where it is violated under the criminal law.

Chapter: Introduction to law (Malaysian Legal Systerm)

What do you think? (1)

Question:

When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
- Is Ryan liable under civil or criminal law?
- Should this case go to court, what will be Ryan’s right?
-What should the pedestrian do to recover his injuries/loss?

Answer:
In this case, Ryan is liable under criminal law because it is illegal to use the mobile phone to communicate without the use of hands-free device. Hence, he is said to be offences against the state. Since he is charged under criminal law, this case should go to court. Ryan’s has the right to hire his own lawyer to defend him. Meanwhile, in order for pedestrian to recover his injuries or loss, he should propose his loss of income or assets due to the injuries and the occurrence of the accident caused by Ryan. From then, the Court will decide the extent of compensation that Ryan should liable of.

Chapter: Law Of Contract - Question 1

Tutorial Tasks

Question:

Due to a rampant robbery in which the robbers used ski masks to cover their faces, the Cyberjaya Authority issued a regulation that makes it illegal to sell ski masks. As a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, Messy has not cleared the ski masks from the shelves of his sport equipment shop in Cyberia. The authority officials came to know about this and later on charged Messy under the new regulation. Advise Messy according to Contracts Act 1950 and relevant decided case(s).

Answer:

Messy is not act illegally and irrelevant to be charged under the new regulation because he did not make an offer to sell since the rule makes it illegal to sell ski masks. According to the definition of Invitation to Treat of Contracts Act 1950, it is just an invitation to make an offer. It is a sort of preliminary negotiation to buy something. Refer to the case of Fisher v. Bell, defendant displayed knives in his shop windows and he was then convicted of a criminal offence of offering such knives for sale. And it is being held that display of any goods with a price tag on it in a shop window was not an offer but rather it was invitation to treat.