chapter 1 Flashcards

(6 cards)

1
Q

What section allows English law relating to contracts to be applicable in Malaysia

A

section 3 & 5 Civil Law Act 1956

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2
Q

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

A

Commonwealth of Australia v Midford Sdn Bhd

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3
Q

Malaysia courts are cautious about invoking their power to refer to English law, what cases states this?

A

Tan Mooi Liang v Lim Soon Seng

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4
Q

Contracting out of contracts, what cases should be cited

A

Ooi Boon Leong v Citibank NA

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5
Q

Doctrine of unequal bargaining power,what case?

A

Saad Bin Marwi v Chan Hwan Hua

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6
Q

Contracting parties can EXPRESLY contract out unless the provision in question expessly or impliedly prevent parties from doing so, what case?

A

Lee Poh Choo v Sea Housing.

Held: parties cannot contract out from statutes that are considered social legislation eg: HOUSING DEVELOPMENT ACT

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