Disclaimer: This is a rant. Our government is adamant that the amendments it is pushing through vis-a-vis S.114A of the Evidence Act is necessary to make Internet users responsible for their on-line activities. According to the article, our de-factor Minister of Law claimed that, “Sometimes with slanderous or libellous statements online, it is difficult to … Continue reading »
Withdrawing Bills
According to the news report that said inter alia “The Election Offences Amendment Bill passed in Parliament in April will be withdrawn after meeting with resistance from lawmakers on both sides of the political divide.” This interested me as a Law student because I was interested in figuring out the mechanism in which a Law that … Continue reading »
Islamic Divorce
We covered a lot of topics in class today, divorce, legitimacy, custody and inheritance. This blog entry is only about divorce though, because I find it interesting, especially since there are some peculiarities about the Law in Malaysia when it comes to annulment of marriages. First, there is the standard talaq that is initiated by … Continue reading »
Of Employees
I’ve been doing a little reading on Vicarious Liability (VL) recently. Every employer out there should be aware of their exposure under this tort – start-ups even more so. VL is typically employer (ER) being held vicariously liable for any tort committed against a third party (P) by their employee (EE). But that’s just the … Continue reading »
Tech and Tech Bill
Disclaimer: I am a registered Chartered Engineer, a lecturer at a local university, and a law student. There’s another new bill currently in drafting mode titled “Technologists and Technicians Bill”. Some quarters are seeing this as a reincarnation of the Computing Professionals Bill but I don’t. The reason is because I also know that there … Continue reading »
IP Contract
I had reason to enter into an Intellectual Property (IP) contract recently between my company and another entity. After reviewing the standard form and making the necessary changes, both parties proceeded to sign the agreement in the presence of witnesses. After that, I went to the tax office to get the contract stamped because that’s … Continue reading »
Defamation
So, what is defamation? My entry today will focus on defamation through blogging, as I blog a lot – like I just claimed yesterday that our PM was either misinformed, lying or delusional. I was unimpressed by our lecturer, Dr Wardah, today as she seemed unprepared for the topic, lacked familiarity with the material and … Continue reading »
Exemptions
In contracts, we will often find all sorts of exemption and exclusion clauses particularly for standard form contracts. However, the courts tend to frown on such instruments as they fundamentally remove certain legal rights that people enjoy. Therefore, there are a few important things that we need to remember about exemption clauses. Again, I shall … Continue reading »
Autochthony
When I first heard the word ‘autochthony’ I thought to myself – WTH?! My vocabulary is pretty extensive and that word was totally foreign to me. I’ve come to realise that studying law is going to extend my vocabulary even further, with the addition of fuzzy terminology used by the humanities. According to wikitionary, autochthony … Continue reading »
Collateral Contract
My attempt at question 3 on terms and representations. This is a tough nut to crack. According to the question, S and T were in negotiations but certain terms were not included by T in the written contract. T claims that the Evidence Act would not allow oral terms to be included if a written … Continue reading »