English Law In Malaysia Case Study

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NAME AND MATRIX NO:
ANIS FATIN BINTI ABDUL RAHIM
A156394
PREPARED FOR:
DR. HANIWARDA BINTI YAAKOB

COURSE NAME AND CODE:
UUUK1053- PENGENALAN KEPADA SISTEM UNDANG-UNDANG MALAYSIA 1

TOPIC:
APPLICATION OF ENGLISH STATUTE IN MALAYSIA UNDER CIVIL LAW ACT 1956

Contents
1.Introduction. 3
2.General Application of English Law Based on Section 3 Civil Law Act 1956. 3
3.Specific Application of English Law in Commercial Matters or Mercantile Law - Section 5 Civil Law Act 1956. 7
4. Non Application of English Land Law Under Section 6 Civil Law Act 1956. 10
5. Conclusion. 12

Question 4: Professor Bartholomew in his article, “ the Commercial Law of Malaysia: A Study in the Reception of English Law” (1965) argued that English statutes are …show more content…

Apart from that, it can be deduced that from section 3(1), in the absence of written law, common law and rules of equity existing in England shall be applied to Malaysian courts on (1) 7 April 1956, in West Malaysia, (2) 1 December 1951, in Sabah and (3) 12 December 1949, in Sarawak. This word ‘shall’ means that it is optional to the judges either to apply or not to apply the English common law and equity in their judgments. Now, let’s see how far the application of English Law in Malaysian courts. In the case of Mokhtar v Arumugam , the issue was whether damages in the nature of interest for delay in returning specific goods could be awarded in Malaysia. The court held that such a remedy, being a creature of English statute, is not available here. In the same vein, in the case of Leong Bee &Co v Ling Nam Rubber Works, the Privy Council made it clear that: … a fire began on a man’s property arose from some act or default for which is answerable, has no application in Malaysia and has no application there at least since the coming into force of the Civil Law Ordianance 1956, Section 3. The reason is that having been displaced by statutes,… the presumption formed no part of the common law of England as administered in England at that

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