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.