scholarly journals Doctrine of Frustration and Force Majeure Clause: Its Application on Tenancy Contract During the Movement Control Order in Malaysia

2021 ◽  
Vol 28 (2021) ◽  
pp. 11-17
Author(s):  
Muhammad Asyraf Azni ◽  
Suria Fadhillah Md Pauzi ◽  
Ida Rosnita Ismail
Keyword(s):  
United Kingdom ◽  
Movement Control ◽  
Case Law ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Force Majeure ◽  
Legal Position ◽  
The Law ◽  
The Government ◽  
Control Order

The government of Malaysia has declared the Movement Control Order (MCO) for the whole nation in order to flatten the curve of COVID-19 infection. The MCO has, among others, caused parties in a contract to question the effect of the MCO on the contract. As the areas of law are wide, this paper aims to discuss the effect of MCO on a tenancy contract. The paper analysed the legal position of doctrine of frustration and force majeure clause in the context of tenancy contract in Malaysia. The analysis was done based on the law cases and legal provisions in Malaysia. Reference was also made to case law from the United Kingdom and Singapore as their law is in pari materia with Malaysian law and they are persuasive in nature. This paper found that the doctrine of frustration can be invoked if the performance of the obligation under the tenancy contract is prevented due to the MCO. However, the court will apply the doctrine of frustration in a very careful manner to respect the sanctity of the agreement. As for the force majeure clause, it can be successfully invoked if the scope of the clause covers the event in question, such as the MCO. In conclusion, whether a tenancy contract can be terminated due to the MCO, it will depend on the terms of each tenancy contract.

scholarly journals Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

2013 ◽  
Vol 32 (1) ◽  
pp. 67-74
Author(s):  
Katarzyna Bagan-Kurluta
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Case Law ◽  
Functional Method ◽  
Internal Source ◽  
Private International Law ◽  
Uniform Approach ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

Abstract Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach). The English judge applying the rules derived from his own internal law remembers about the function of private international law - and therefore takes into account the rules and institutions adopted in the foreign laws. That is application of lex fori approach modified because of the function of collision law, indeed reminiscent of a functional method. However, due to the lack of a uniform approach to qualification and identification of the only way to proceed by the doctrine and case law, it is permissible to move away from the use of this method. For instance it is possible to use the lex causae approach, if it leads to an equitable solution. Lack of regulation of qualification gives a person applying the law a freedom, but at the same time leads to uncertainty about the effects.

scholarly journals Doctor in the sky: Medico-legal issues during in-flight emergencies

2017 ◽  
Vol 17 (1-2) ◽  
pp. 65-98 ◽  
Author(s):  
Marcus Wong
Keyword(s):  
United States ◽  
United Kingdom ◽  
Legal Protection ◽  
Case Law ◽  
The United States ◽  
Legal Issues ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Medical Emergencies

More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.

scholarly journals Pengadilan Sebagai Lembaga Penegakan Hukum (Perspektif Civil Law dan Common Law)

2016 ◽  
Vol 12 (1) ◽  
pp. 134
Author(s):  
Anna Triningsih
Keyword(s):  
United Kingdom ◽  
Law Enforcement ◽  
Common Law ◽  
Civil Law ◽  
European Continent ◽  
Law System ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
The Law ◽  
The Government

Law, as an justice institution run its functions through a specific process towards a certain direction in order to achieve justice. Justice now a days is needed as something concrete as the fulfillment of the most basic needs of the community. Law enforcement, in parliamentary life is run by the Government (the executive organs) and through the courts (judicial organ).There are different approaches in law enforcement. The rule of law in the Civil Law System which is shared by the countries in the European continent or land use law, also known as legal approach. In the Common Law System which is shared by the United Kingdom and the United Kingdom speaking countries, using the administration approach of the Administration, called the administration of justice. Implementation of the fundamental principles of the law, or because of its emphasis on the steps of a procedure in the event properly can make the law as an unrealistic myth, inefficient and far from the purpose of    the law and implies the occurrence of loss of trust from the community, while the basic principles of administration, because of its emphasis on the achievement of business objectives efficiently will have implications for the lack of certainty in law enforcement that is essential for the achievement of Justice for everyone. Besides that addition, it also can be an opportunity for the Court arbitrariness because discretion has its wide open room. Every Legal Approach has its own advantages and disadvantages. Making option to choose which legal approach as an appropriate and good policy in law enforcement is related to the characteristics and level of knowledge of the community also the environment where these law applied.

scholarly journals The Protection Of Personal Information (POPI) Act - Impact On South Africa

2014 ◽  
Vol 13 (6) ◽  
pp. 1315 ◽  
Author(s):  
Michelle De Bruyn
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
South African ◽  
Data Protection ◽  
Personal Information ◽  
Counter Measures ◽  
The United Kingdom ◽  
Protection Legislation ◽  
The Law ◽  
The Government

South Africa has received its own data protection legislation - the Protection of Personal Information (POPI) Act - in November 2013 and is expecting the government to appoint an Information Regulator to enforce the letter of the law. Until then, South African businesses will have time to get their house in order, but uncertainty exists as to how businesses will be affected when this happens. It is anticipated that the enforcement activities by the Information Regulator will be similar to how it is done by the Information Commissioners Office (ICO) in the United Kingdom. The ICO has been enforcing compliance with the Data Protection Act (DPA) of the United Kingdom since it obtained its enforcement powers in April 2010. This article summarises all actions taken by the ICO from April 2010 until the end of December2013 to determine the industries most affected, the contraventions with the highest frequency and, where applicable, the highest monetary fines. This article should provide some insight into what South African businesses can expect after the Information Regulator is appointed and starts to enforce the law. It will also enable them to focus their attention on the safeguarding of business areas with increased data protection risks as well as provide some counter measures that can be taken to prevent punishable contraventions.

scholarly journals COVID-19: COMPARISON OF SITUATIONAL FACTORS BETWEEN HEALTHCARE WORKERS AND NON-HEALTHCARE WORKERS IN EAST MALAYSIA

2021 ◽  
Vol 21 (1) ◽  
pp. 90-95
Author(s):  
Phee Kheng Cheah ◽  
Phaik Kin Cheah ◽  
Darlene Ongkili ◽  
Anne Osterrieder ◽  
Tassawan Poomchaichote ◽  
...  
Keyword(s):  
Healthcare Workers ◽  
Movement Control ◽  
Household Composition ◽  
Situational Factors ◽  
High Rate ◽  
The United Kingdom ◽  
East Malaysia ◽  
The Government ◽  
Control Order ◽  
And Control

COVID-19 is one of the worst global pandemics in the last 20 years caused by Severe Acute Respiratory Syndrome Coronavirus 2. To control the pandemic in Malaysia, on 18th March 2020 the government implemented the Movement Control Order (MCO), a non-pharmaceutical intervention (NPI) under Malaysia’s Prevention and Control of Infectious Diseases Act 1988. Despite a high rate of compliance to the MCO in East Malaysia, a month after its implementation, a new cluster of infections among hospital healthcare workers (HCW) had emerged. This paper reports the early findings of a multinational study involving Malaysia, Thailand, Italy, and the United Kingdom. Our early analysis seeks to understand two main situational factors in the states of Sabah and Sarawak in East Malaysia – testing rates and household composition between HCW and non-healthcare workers (non-HCW). Our results showed that there were higher testing rates and smaller-sized households among HCW when compared to non-HCW workers.

scholarly journals Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India

2020 ◽  
Vol 7 (3) ◽  
pp. 52-80
Author(s):  
S. Khanderia
Keyword(s):  
United States ◽  
United Kingdom ◽  
Comparative Analysis ◽  
The United States ◽  
The United Kingdom ◽  
Force Majeure ◽  
The Law ◽  
Contractual Obligations ◽  
Indian Law

The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.

scholarly journals Gay and Lesbian Collaborative Co-Parenting in New Zealand and the United Kingdom: ‘The Law Doesn’t Protect the Third Parent’

2019 ◽  
Vol 29 (4) ◽  
pp. 507-526 ◽  
Author(s):  
Nicola Surtees ◽  
Philip Bremner
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Gay Men ◽  
Case Law ◽  
Couple Relationship ◽  
Lesbian And Gay ◽  
The United Kingdom ◽  
Inclusive Concept ◽  
The Law ◽  
Procreative Autonomy

In many jurisdictions, legislation reflects, retains and reiterates heteronormative two-parent models of family. Lesbian and gay individuals and an increasing number of heterosexual individuals who choose to parent outside the paradigm of the conjugal couple relationship find neither their interests nor the welfare of their children is sufficiently protected in law. This article is based on the findings of two empirical research projects investigating the procreative autonomy of lesbians and gay men in New Zealand and the United Kingdom. It focuses on collaborative co-parenting families formed by lesbian couples and gay men, with reference to the allocation of legal parenthood in these kinds of families and case law across both jurisdictions. Two such families are introduced. Attention is drawn to the ways the law hampers these families’ preferred parenting arrangements. The article highlights the need for legislative change. It concludes that a more flexible, inclusive concept of legal parenthood that honours the intentions of those involved in these arrangements would potentially benefit all people interested in non-traditional parenting.

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