chapter 1 Flashcards
(6 cards)
What section allows English law relating to contracts to be applicable in Malaysia
section 3 & 5 Civil Law Act 1956
What case states that cut off date is not important and can still follow the latest development of law in the UK as law cannot be static
Commonwealth of Australia v Midford Sdn Bhd
Malaysia courts are cautious about invoking their power to refer to English law, what cases states this?
Tan Mooi Liang v Lim Soon Seng
Contracting out of contracts, what cases should be cited
Ooi Boon Leong v Citibank NA
Doctrine of unequal bargaining power,what case?
Saad Bin Marwi v Chan Hwan Hua
Contracting parties can EXPRESLY contract out unless the provision in question expessly or impliedly prevent parties from doing so, what case?
Lee Poh Choo v Sea Housing.
Held: parties cannot contract out from statutes that are considered social legislation eg: HOUSING DEVELOPMENT ACT