Posts

Showing posts from July, 2023

FAM PRESENDENTIAL TASK FORCE

Image
  https://www.fam.org.my/news/siaran-media-sembilan-individu-dilantik-menganggotai-pasukan-petugas-khas-presiden-fam

EDUCATING THE LAW OF CONVEYANCING STUDENTS THROUGH STUDENTS-GENERATED VIDEO ASSESSMENT: A WAY FORWARD

Image
https://www.researchgate.net/publication/367256237_Educating_the_Law_of_Conveyancing_Students_Through_Students-Generated_Video_Assessment_A_Way  

CRYPTOCURRENCY IN MALAYSIA: TO REGULATE OR NOT?

Image

How to Answer Law Problem-Based Questions in Examinations?

Image
The ILAC format is a helpful framework for writing structured exam answers to problem-based questions. It is divided into four sections: Issue, Law, Application, and Conclusion. 1) Issue: Begin by outlining clearly the specific legal question raised in the question. If the question does not state the subject matter, consider what legal question will determine the case outcome. The problem should be posed as a question rather than a general statement. Mentioning the names of the parties and relevant case facts can be part of the problem. Each topic in the question may necessitate a distinct ILAC analysis. 2) Law: Describe the applicable law or test. Avoid utilising case-specific judgments. The rule is frequently the definition of the applicable legal principle. 3) Application: This is the most crucial portion of the answer you provide. Apply the law to the facts provided and explain how it leads to the result. Take into account both sides of the argument and present reasons and justific...

How to Answer Law Essay Questions on Examinations?

Image
  When responding to legal questions it is critical to provide authority, such as cases, statutes, or constitutional requirements. Memorise the names of the cases, the brief facts, and the legal concepts they established. Exams may not have a clear right or incorrect answer; instead, demonstrate your comprehension by discussing and assessing the pertinent issues using factual and critical information. Avoid deviating from the topic of the inquiry and restrict your response to the specific issues mentioned. Spend a few minutes planning and organizing your thoughts rationally before writing an outstanding essay. Include an introduction that summarises the objective and topic of your essay. Analyse the law's factual substance and make recommendations for appropriate modifications as needed. While descriptive essays are of limited value, providing your ideas and points of view is encouraged as long as they are pertinent to the topic. A well-structured essay is required, with an i...

Domain Names

Image
Domain names in Malaysia are governed by the Malaysian Network Information Centre (MYNIC) and its related policies. MYNIC is the designated registry for the .my country-code top-level domain (ccTLD) and oversees the registration and management of domain names under the .my domain space. Domain Registration: The registration of domain names under the .my ccTLD is subject to certain eligibility criteria set by MYNIC. Generally, individuals and entities with a legitimate interest in the domain name corresponding to their name, business name, or trademark may be eligible to register a .my domain. Dispute Resolution: In case of domain name disputes, MYNIC has adopted the MYDRP (MYNIC Domain Name Dispute Resolution Policy) to resolve conflicts between domain name registrants and complainants. The MYDRP provides a mechanism for the complainant to challenge the registration or use of a domain name that may infringe upon their rights.

THE LEGAL FRAMEWORK FOR E-COMMERCE IN MALAYSIA

Image
The legal framework for e-commerce in Malaysia primarily consists of several key pieces of legislation that govern various aspects of online transactions. These laws aim to protect the interests of consumers, promote fair trade practices, and establish a secure and trustworthy environment for e-commerce activities. Here are some important laws and regulations related to e-commerce in Malaysia: 1. Electronic Commerce Act 2006: This act provides legal recognition and regulation for electronic transactions, electronic contracts, and digital signatures. It establishes the legal validity and enforceability of electronic records and signatures in commercial transactions. 2. Consumer Protection Act 1999: This act protects consumers' rights and interests in e-commerce transactions. It prohibits unfair practices, such as misleading advertisements, false claims, and unfair contract terms. It also covers issues related to product safety, warranties, and remedies for consumers. 3. Personal Dat...

LEGAL RISKS IN E-COMMERCE DEALINGS

Image
I n electronic commerce, commonly known as e-commerce, there are several legal risks that businesses and consumers need to be aware of: 1. Contractual Issues: E-commerce transactions rely on contracts, which may be subject to various legal issues such as contract formation, offer and acceptance, terms and conditions, and enforceability. It is important to ensure that online contracts are properly drafted, clear, and legally binding. 2. Intellectual Property Infringement: E-commerce platforms often involve the sale or distribution of digital content, products, and services. There is a risk of infringing on intellectual property rights, such as copyrights, trademarks, and patents. Businesses need to be cautious and respect the intellectual property rights of others. 3. Privacy and Data Protection: E-commerce involves the collection, storage, and use of personal data. Businesses must comply with applicable data protection and privacy laws to safeguard customer information. This includes o...

ANUGERAH KEPIMPINAN SUKAN 2022

Tahniah YBhg Prof Dato Dr Abdullah Mohd Said,  Mantan Timbalan Naib Chanselor (Hal Ehwal Pelajar), UiTM Mantan Presiden UiTM FC 'Sukan sebagai wadah pembangunan pelajar.'  

UNVEILING THE CONCEPT OF CYBER DEFAMATION IN CYBERSPACE [2023] CLJ 1 LNS(A) lv

Image

TRUSTS IN LIFE POLICIES

Image
The law allows for the automatic creation of trust in a life policy : i) Civil Law Act 1956, in particular, Section 23 ii) Financial Services Act 2013, Schedule 10 The rationale is: (i) to provide the married man or woman with a simple method of making some financial provisions for his/her spouse & children on his/her death ;  (ii) to ensure that such a provision remains even if the insured was heavily in debt or bankrupt at the time of his/her death. However, the statutory trust policy money would not be created favouring a Muslim who nominates his wife, children or parent as nominees.  A nominee of a Muslim policy owner receives the policy money as an executor & must distribute the funds in accordance with Islamic Law   

INSURANCE CLAIMS : WHAT ARE THE KEY QUESTIONS?

Image
The handler of the claim, therefore, has to know whether the event or circumstances regarding the claim is covered. The following questions need to be answered: a) Are the circumstances regarding the claim covered in the policy? b) For a third-party claim, is the Insured legally liable? c) Is there any legal principle which may affect the claim? Once notice has been received, the claims handler should ask himself the following questions: a) Is the policy in question still in force? b) Is the insured item the same as that in the insurance policy? c) Is the event a covered risk/peril? d) Was there an undue delay in the notification? 

INSURANCE CLAIM : WHAT IS IT?

Image
An insurance claim is an actual application(demand) for benefit from one's insurance company on the happening of the insured event.  It includes a claim by a third party against the insured whose liability is covered by the insurance company  The person or company that will receive financial compensation or its equivalent benefits from the Insurer is known as a 'claimant’. The are various circumstances and issues that may arise in any claim situation.  Some reasons why a claim is denied: (a) the insurance policy has lapsed. (b) the insurance policy does not include the benefit. (c) claim falls under the exclusions ( i

CYBER DEFAMATION - PART 2

Image
The Defamation Act 1957 does not give the exact definition of defamation and elements of defamation, but the definition from common law laid that defamation is “any publication of a false statement relating to a person’s reputation that resulted to the person being subjected to such false statement being shunned or avoided by the members of the society”. The elements of defamation are : (1) the words are defamatory.  It is sufficient when the words tend to expose Plaintiff to hatred. (2)the words must refer to the plaintiff  (3) the words must have been published to a third party.

CYBER DEFAMATION- PART 1

Image
Defamation is an act that seeks to harm one’s reputation by impairing the esteem, goodwill, respect or confidence that one has for the plaintiff; or by evoking unfavourable, disparaging, or unpleasant feelings towards him.   In this Internet age, real-life defamation cases have now transcended cyberspace.  If a defence cannot be established, publishing information that can harm a person's reputation will subject the publisher to liability under the defamation tort. Defamation can be categorised into libel and slander. 1)libel, a published written statement that can tarnish one’s reputation.  Libel is a permanently made false statement such as writing, printing, an image, or an effigy. 2)  slander, a verbal statement of the same effect.  It  is the temporary dissemination of false information made orally such as spoken words or gestures of a defamatory statement