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Malaysia Common Law Case Study

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THE DIFFERENT BETWEEN LEGAL SYSTEM IN MALAYSIA AND UNITED STATES
It shows that legal system in Malaysia and United States has different in certain aspect However, they might have common legal system. This shows that Malaysia legal system is based on Common law and United States legal system also is based on Common law. The Common law was developed in England during 12th century and 13th century and common law used to be known as traditional law. Malaysian implement common law jurisdiction which implementing decision and development from the English law. Common law is based on the principle that applied of stare decision which means (stand by it decision). When common law is applied in the legal system, decision of the high court play an important …show more content…

“Offer” and “acceptance” by “competent persons” are the elements of a contract having legal capacity who exchanges “consideration” to create “mutuality of obligation”. Basically, Contracts Act 1950 is a specific Malaysian legislation which governs the contracts and it is an official agreement. It highlights the rule of offer and acceptance. It could be written or even be in oral. Contracts can be written by using formal or informal terms, or entirely verbal or spoken. It is a promise made between two or more parties that which allow the courts to make judgment. A contract has six important elements so that it will be valid. There are offer, acceptance, considerations, and intention to create legal relation, certainty and …show more content…

Contract law United States is used the statues known as Uniform Commercial Code (UCC) applied for consumer contracts protection. The uniform commercial code (UCC and also known as Code) was established in 1952 is one of a number uniform act established to standardize the law of sales and other commercial transaction that used in almost all 50 states of United States of America. Basically, the contract law involves transaction the sale of good have been standardized in worldwide and therefore United States to form uniform commercial code. In this provision, it has the rules about the contract, standard and rules on the formation and existence of the contract as well as the content and element of a contract. United States code also contains set of standard for different contract .For instance, how it various from sales of good contract, lease and rental contract and etc. In Malaysia, the law of contract exists based which is the supreme law of the land on Article 4 of the federal constitution and formed Contract Act 1950 .Any law which is inconsistent to the federal constitution is void. For instance, Hire-purchase contract, sales of good contract and

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