Written Law

In the rectitudefulnesssuit car parkwealth of Australia v. Midford (Malaysia) Sdn Bhd., it was held that thedoctrine of sovereign or funfair tent immunity which was developed in slope Common practice of law subsequently 1956 should contribute in Malaysia. It was said that whatsoever developments in inclineCommon fairness after 1956 should apply in Malaysia In the case smith Kline & french Laboratories Ltd. v. Salim (Malaysia) Sdn Bhd., It washeld that the courts capture the endorsement to put aside any Common Law or Law of faithfulness whichcannot be employ in Malaysia..In the case Jamil bin Harun v. Yang Kamsiah & Anor.It was decided that courts have the authority to decide whether to follow face Law(common law and law of equity) or Federal law, considering the bunch and the scopethe written law permits to do so.In the case Karpal Singh v. Public Prosecutor, It was held that the criminal offences inMalaysia were provided by Criminal mapping polity of Ma laysia and therefore, there is noallowance for English law to apply. There argon sure boundaries as to the application of Common Law and Law of Equity in Malaysia.Common law can apply in the absence of topical anaesthetic legislation. Local law is regarded exceedingly thatthe English law. The English law is only meant to fill in the lacuna, in which the locallegislation is not present.

Only the relevant part which is suitable to the local needs and circumstances applies. Malaysiais made up of diametric races, each possessing their owncustoms, different from English law. The entire importation of English law means that thes overeignty of local race is affected.The cas! e law related to the boundaries of application is,Syarikat Batu Sinar Sdn. Bhd. v. U MBC finance Bhd. In this case, business of double financing occurred whenfirst purchaser¶s ( U MBC finance Bhd.) endorsement of ownership claim was not include inthe registration card of vehicle. U MBC tried to repossess the vehicle. Theplaintiff sued U MBC, claiming that defendants were not entitle to the vehicle.It was held that the...If you want to get a full essay, narrate it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper