E-Transaction

Internet is used to facilitate transactions and contracts, be they B2B, B2C or C2C. As opposed to traditional contracts, those transactions are being formed electronically. E-Transactions are getting increasingly popular due to the advantages of the internet. For example: Cost and time saving, increase in productivity, increase in profitability, access to customers anywhere anytime and access to huge market (there are hundreds of million net users today).

There are four parties at risk involve in payment flows, financing and risk taking: The customer (end user), the seller (business-to-business or retailer), the producer and the transfer agent (credit card companies or banking institutions).

The legal challenges for e-transaction: offer and acceptance is now involving automed process which negates the need for human intervention. Is an "offer" in websites amounting to an "offer" or "invitation to treat"? Should all transactions & communications be printed out on paper and signed there to make them legally binding? Can data message be deemed as an "written information" for the purpose of fullfilling writing requirements? How to full fill the requirements of signature?



There will be few methods to verify the "real" transaction by using click-on and shrink-wrap agreement and also Digital Signature Act 1997. As with any information processing system, security and reliability are considerations. Online transaction systems are generally more susceptible to direct attack and abuse than their offline counterparts.

p.s. I am taking multimedia and marketing on this trimester, so that was a lot of help for the legally information on the subject.

Contract

The word "contract" in legal sense refers to an agreement between two or more parties that is legally binding between them. It is an agreement enforceable by law. The gist of all contracts is an agreement, for example all contracts must be built upon an agreement although not all agreements are automatically contracts.

Some agreements are not contracts because they lack certain essential elements. There have few necessary elements of contract: offer & acceptance, intention to create legal relations, consideration, certainty, legality, legal capacity and free consent.
Lecturer was discuss "proposal (offer) and acceptance" with us on last week. A proposal is made when one person signifies to another his willingness to do anything with a view to obtaining the other's assent. Acceptance is made when the other person signifies his assent to such a proposal/offer. And lecturer ask us to refer the case of Carlill vs. The Carbolic Smoke Ball Co. Ltd.

Foreign law vs. Malaysia law

I am wondering during the Legal lecturer with a simple question... Do Malaysia law same with foreign law? Or both laws are standardize? I have been some research about foreign law and makes a bit comparison:

What is foreign law? It is the national (also referred to as domestic or internal) law of any country other than the United States and usually refers to constitutions, legislation, and cases. Foreign law has no effect outside the foreign jurisdiction, but it may regulate foreign entities within state boundaries. Comparative law is "the study of the similarities and differences between the laws of two or more countries, or between two or more legal systems. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry.

The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between early 1800s to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia applies throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws.

But, how about legislation for foreign law? There are generally two approaches to looking for foreign law - by jurisdiction or by subject. If you are looking for a specific piece of legislation, first try the Foreign Law Guide database. It is particularly useful because it contains a section of law arranged by subject for each country. Simply select your jurisdiction and browse the subject headings. Government web sites usually provide legislation on their web sites and sometimes there are English translations of important or business-related areas. Be persistent when searching for legislation on foreign government web sites. If the parliamentary web site has nothing, try the government ministry that may be responsible for your area of law. For instance, we have found AIDS legislation on the Health ministry's web site and banking laws on a finance ministry web site. Many foreign government web sites have some pages in English (look for a small British flag), but it is less comprehensive in coverage.

In the nutshell, there are too many difference between foreign law and Malaysian law. Probably hope that there have some resources and documentary describing about these two kinds of law. There are also contains many confessions in theses two types of law. Hope that lecturer will show some video clip, article cases or others resources and share with us! (^,^)

Group Discussion - Adultery

Article:

Adultery, legal or illegal in M'sia?

March 25th, 2008

What is adultery?

My friend said “adultery is having secret relationship with someone who has married.”

Based on L B Curzon, Dictionary of Law, 4th edition, (International Law Book Services: Kuala Lumpur), 1995, “adultery“ means an act of voluntary sexual intercourse (which need not be completed) between two persons not married to each other, but one or both of whom are married at the time of the act to a third person.

So is it legal to have sex with someone who is married?

There is no provision either in the Penal Code or the Criminal Procedure Code that stipulates punishment for adultery.

Meaning adultery as an act itself is not a criminal offence in Malaysia under the law.

Enticing Away a Married Woman Is illegal

However, Section 498 of the Penal Code provides for the punishment for the offence of enticing or taking away or detaining with a criminal intent a married woman.

Section 498 Penal Code:
“Whoever takes or entices away any woman who is and whom he knows, or has reason to believe, to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals, or detains with that intent any such woman, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”

It is very interesting to see that, in fact, only man who takes or entices away any married woman may be charged under this provision. This similar provision does not apply to woman who entices or takes away a married man.

That means if a woman entices a married man, she will not be held guilty under this provision of law. Unfair? well, I think the law presumes that ALL women are good and decent, they will never entice a married man. This may (may not) be true in the ancient time, but I definitely don’t think it is true now a day. haha!

So MAN, please watch out for the law when you want to have a “2nd woman” out of your family. 2 years jail is “no play play”.

For your information, even though adultery is not a crime under the criminal law, adultery can be evidence of irretrievably breakdown of a marriage, which is a ground for the presentation of a divorce petition by a petitioner under the Law Reform (Marriage and Divorce) Act 1976 (refer to section 53 and 54 of the same Act). However, most people always find it hard to prove it in court.

My opinion:
It was a good tips about the adultery. I tend to think the law was more likely written in a time when maried women were considered to be the “property” of their husbands. Hence, a crime was committed when someone enticed or detained a man’s property and’ took’ what was ‘rightfully’ his.

However, if a man chose to let himself be enticed or detained for such a purpose … no harm, no foul. And certainly no ‘crime’ was seen to have been committed against the wife. Interesting view of the world, isn’t it?

Mature of Law

The mature of law which means the constitution between federal and states. There is involve the document that define membership, structure of the club. Malaysia's constitution is Federal constitution. However, constitution can be changes. And it can be changes by parliament with (2:3).

Legislation and subsidiary legislation. Legislation is the act or process of legislating; lawmaking. And it is also a proposed or enacted law or group of laws. Legislation also created by parliament, but it must be refer to the constitution.

Doctrine of Stare Decisis, also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar legal issues.

Conclusion, there is key legal term in this week lecturer:
* Common Law vs. Statutory Law
(Common law is unwritten, it's also created by judges; Statutory law are created by parliament)
* Plaintiff vs. Defendant
(Plaintiff is mean who takes actions in civil courts; Defendant means a person or institution against whom an action is brought in a court of law)
* Prosecutor vs. Accused
(Prosecutor is a government official who conducts criminal prosecutions on behalf of the state)
* Presumption vs. Innocence
* Natural Justice (Due process of Law)
* Statute, Act, Enactment and Ordinance
( Statute is similar with legislation; Act recreated by the legislation or parliament; Enactment is state legal assembly; Ordinance is similar with enactment, straightly to eastern Malaysia)

First class for "LAW" - The Introduction

What is law? This is the first question asked by my lecturer. Rules and regulations? Controlling of government? The best answer are set of rules from government and set of uniform principles.

In the half way of the class, lecturer had show us a video clip name: Just follow law! Is a Singapore production. Through the video, I realize that "black and white" is quiet important for the government department. Everything must follow the procedures. For example: If you need to add-on a fan for your department, you have to fill in a form request manually / make request by e-mail, then cc to related department, after few days procedure, only can get the "FAN".



Rule and law is different things. Law come with three requirements: enforcing power, rules and sovereignty. And why do we need law? The purpose of a country need law are to keep order in community, to solve disputes and to set up an accepted minimum standard of behavior of people.
These are the social objectives of the "LAW"

There is also have two types of law: public law and private law. Public law included constitutional, administrative and criminals. And private / civil law is included contract, tort, property, trusts and family. We will be continue introduce "LAW" on next week class, so please be patient for the waiting!

All About "LAW"

Law is a system of rules, usually enforced through a set of institutions . It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people.

There is much more sampling of law in my mind. For example: Administrative law which is refers to the body of law which regulates bureaucratic managerial procedures and is administered by the executives branch of a government; rather than the judicial or legislative branches. The body of law regulates included international trade, manufacturing, pollution and taxation. These administrative law are common in every country.

In general: a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts.
In morale: the will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.
In philosophy and physics: a rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.
In mathematics: the rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence.
In arts, works, games, etc.: The rulet of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.

In a nutshell, student like me have different reasons for wanting to study law. Studying law improves our clarity of thoughts, the ability to analyze and express complicated ideas and powers of reasoning. Be it the public sector, commerce, accountancy or financial services, these skills are demands.