Download - AGENCY
AGENCYAGENCY
NOTRAH V. MEORNOTRAH V. MEOR Issue: Can Notrah sue Meor for Issue: Can Notrah sue Meor for
damages?damages?Can Meor claim for compensation?Can Meor claim for compensation?
LAWLAW
Defination of Agent,Principal and Defination of Agent,Principal and agency section 135agency section 135
Formation of agency; state briefly Formation of agency; state briefly each typeeach type
Discuss thoroughly on formation of Discuss thoroughly on formation of agency through necessityagency through necessity
- 4 elements with cases & sections4 elements with cases & sections- Effect of agency through necessityEffect of agency through necessity
APPLICATIONAPPLICATION
DETERMINE WHO IS AGENT,PRINCIPAL AND DETERMINE WHO IS AGENT,PRINCIPAL AND WHETHER THERE EXIST AGENCY WHETHER THERE EXIST AGENCY RELATIONSHIPRELATIONSHIP
1000 SACKS OF POTATOES: EFFECT 1000 SACKS OF POTATOES: EFFECT WHETHER IT HAS FULFILLED THE 4 WHETHER IT HAS FULFILLED THE 4 ELEMENTS ACCORDINGLYELEMENTS ACCORDINGLY
200 CHAIRS & 300 DESKS: WHETHER IT HAS 200 CHAIRS & 300 DESKS: WHETHER IT HAS FULFILLED THE 4 ELEMENTS OF NECESSITYFULFILLED THE 4 ELEMENTS OF NECESSITY
ONLY THE FIORST ELEMENT OF REAL & ONLY THE FIORST ELEMENT OF REAL & ACTUAL EMERGENCY DIFFERSACTUAL EMERGENCY DIFFERS
ConclusionConclusion
Meor may claim onMeor may claim onNotrah cannot claim on…but can Notrah cannot claim on…but can
claim on….claim on….
PRINCIPALPRINCIPALAGENTAGENT 33rdrd PARTY PARTY
CONTRACTUAL CONTRACTUAL RELATIONSHIPRELATIONSHIP
PRINCIPALPRINCIPAL
CAPACITYCAPACITY
CHAN YIN TEE v. WILLIAM JACKS & CHAN YIN TEE v. WILLIAM JACKS & CO( MALAYA ) LTDCO( MALAYA ) LTDFORMATION OF AGENCYFORMATION OF AGENCY
1. EXPRESS1. EXPRESS
AUTHORITY OF AGENTAUTHORITY OF AGENT DUTIES OF AGENTDUTIES OF AGENT DUTIES OF PRINCIPALDUTIES OF PRINCIPAL
Exceptions:Exceptions:EXCEPTIONSEXCEPTIONS
NEGOTIABLE INSTRUMENTSNEGOTIABLE INSTRUMENTS BILLS OF EXCHANGEBILLS OF EXCHANGE ALIALI AH SENGAH SENG Negotiation of billsNegotiation of bills Indorsements On Bill Of ExchangeIndorsements On Bill Of Exchange
TRANSFEROR/TRANSFEROR/ TRANSFEREE/TRANSFEREE/ HolderHolder
CHEQUESCHEQUES
THE PAYING BANKTHE PAYING BANK PROTECTION:PROTECTION:
MAMAT B. DAUD v. G OF MAMAT B. DAUD v. G OF MALAYSIAMALAYSIA
PROCESS OF MAKING PROCESS OF MAKING LAW( BELOW)LAW( BELOW)
LEGISLATIVE LEGISLATIVE PROCEDURE[ Part IV Chapter PROCEDURE[ Part IV Chapter
V of Federal Constitution]V of Federal Constitution]
1. Bill presented(filed) by any 1. Bill presented(filed) by any Minister Minister Date is Date is
givengiven
by giving notice to the clerk by giving notice to the clerk of specified houseof specified house by by
the clerkthe clerk
2. On the relevant date the 2. On the relevant date the MinisterMinister
responsible for the bill will responsible for the bill will start bystart by
11stst reading- mention of title & reading- mention of title & date ofdate of
22ndnd reading. reading.
22ndnd Reading- starts with a Reading- starts with a motion motion 3. Pass 3. Pass
over to over to
that need to be seconded, that need to be seconded, followed byfollowed by the next the next
House. House.
debate on the issue of bill. debate on the issue of bill. Bill have beenBill have been
( Same process ( Same process
printed and circulated to all printed and circulated to all members.members. Continue)Continue)
Committee Stage- allow Committee Stage- allow members to discussmembers to discuss
details of the billdetails of the bill
33rdrd Stage- Minister will report Stage- Minister will report that the billthat the bill
have been considered and have been considered and accepted with oraccepted with or
without amendmentwithout amendment
Suggest amendment to the Suggest amendment to the NO 4. After NO 4. After considering it,considering it,
Original house.OriginalOriginal house.Originalreturn back to thereturn back to the
May accept or rejectMay accept or rejectoriginal houseoriginal house
the suggestion.the suggestion.
YESYES
5.The Bill is sent to YDPA to 5.The Bill is sent to YDPA to get his assent. Article 40(1), get his assent. Article 40(1), YDPA act as according to the YDPA act as according to the
advise of cabinet.advise of cabinet.
6. The bill must be gazette 6. The bill must be gazette before it can be officially before it can be officially
enforced.enforced.
SOURCES OF MALAYSIAN SOURCES OF MALAYSIAN LAWLAW
WRITTEN LAWWRITTEN LAW UNWRITTEN LAW UNWRITTEN LAW
Fd/ StateFd/ State SubsidiarySubsidiaryEnglish lawEnglish law Judicial Judicial
ConstitutionConstitution Law Law Decisions Decisions
Act/Enactment/OrdinanceAct/Enactment/OrdinanceMuslim LawMuslim Law Adat Adat
Federal ConstitutionFederal Constitution
ParliamentParliamentState LegislatureState Legislature
Federal List &Federal List & State List & State List &
Concurrent ListConcurrent ListConcurrent ListConcurrent List
Act Act OrdinanceOrdinance
EnactmentEnactment
(1946-1957)(1946-1957)
PENGHULU’S CTPENGHULU’S CT
The functioning of the system of The functioning of the system of precedents is based on the hierarchy precedents is based on the hierarchy of decisions and hierarchy of courts.of decisions and hierarchy of courts.
Straits SettlementStraits Settlement
English law was introduced in Penang in English law was introduced in Penang in 1807. Therefore a Muslim may make a will 1807. Therefore a Muslim may make a will on his property as a whole, eventhough this on his property as a whole, eventhough this is against Muslim’s law.is against Muslim’s law.
ONG CHENG NEO V. YEAPONG CHENG NEO V. YEAPPrivy Council held that there are no Privy Council held that there are no
residents in Penang and there is no residents in Penang and there is no evidence to show that there exists any law evidence to show that there exists any law prior to the coming in of British. Therefore prior to the coming in of British. Therefore English law is applicable here because the English law is applicable here because the English reside here.English reside here.
REGINA V. WILLANSREGINA V. WILLANS
Maxwell R: the 1807 Charter of Justice is Maxwell R: the 1807 Charter of Justice is to introduce English law in Penang to introduce English law in Penang whereas the 1826 Charter of Justice is to whereas the 1826 Charter of Justice is to extend it’s application to Malacca and extend it’s application to Malacca and Singapore.Singapore.
Federated Malay States & Federated Malay States & Unfederated Malay States.Unfederated Malay States.