Sources of Law Report Writing - Law Assignment Help

Assignment Task:

Task:

Decide which source of law is applicable for the following situations. Justify your answer:-
1. Donoghue drinking a bottle of ginger beer in a café. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. Court held that Mr Stevenson owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. This later becomes law known as tort of negligence.

2. Because Malaysia has a high rate of fatal accidents every year, it is proposed that a law is made making it compulsory for all cars/lorries/buses to install dashboard camera in their cars/lorries/buses. The purpose of this law is to make it easier to investigate accidentcases. Discuss whether the law should be made by the Parliament or by the DUN. Justify your answer.

3. After Melaka has been accorded the status of a Historical City on 15 April 2008, the state of Melaka has declared that 15 April every year is a public holiday. Is this legal under the law? Why?

Sources of law refer to the places where the law can be found and the origin where the law gets its authority. There are two types of source of law, which are the written and unwritten law. During the Malacca Sultanate, there was already a system of law and order established by the ruler of that time in order to protect the interest of traders and govern different group of people.

For the written law, there were two legal digests in the Malacca Sultanate, which are Hukum Kanun Melaka and Undang-Undang laut Melaka. Hukum Kanun Melaka covered a wide range of constitutional, civil and criminal matters. There was no clear demarcation between them or between the secular or religious. The Undang- Undang Laut Melaka, as its name indicates, covered largely maritime matters.

For the unwritten law, the source of law during Malacca Sultanate before coming of Islam is Malay adat law, specifically adat temenggung. Adat temenggung is based on patrilineal tradition and since it comes from Palembang, it received influence of Hindu tradition and its customary law. The adat temenggung was the law of the sultan and, therefore, autocratic in nature. At the time of its founding by Parameswara around 1400, Malay adat law incorporating Hindu-Buddhist elements was originally applied. The coming of Islam saw the beginning of attempts to introduce Syariah law and to modify Malay adat law to accord with Islam. The process of Islamization can be seen through the use of various sources such as Al Quran, as sunnah, qiyas and ijmak

4. Zulaikha and Yusuf are getting a divorce. Discuss which laws to be used when dealing with:-
a. The dissolution of their marriage
b. The custody of their 2 children
c. Their matrimonial property

Court System in Malaysia
1. Kasut Cantik Sdn Bhd is a tenant who had rent a shophouse owned by Mr Lim Kiat Sing. The rental agreement had stated that rental is renewed yearly and will end on Marc . Due to Covid-19 pandemic, the shophouse is not profitable and the company plan to terminate the rental agreement 6 months after it is signed (in September 2020). Mr Lim Kiat Sing refused to accept the termination and claimed that Kasut Cantik Sdn Bhd had breached their rental agreement. He wants to take legal action against Kasut Cantik Sdn Bhd.

a. Which court has the jurisdiction to hear the case filed by Mr Lim Kiat Sing? Why?
b. If Mr Lim Kiat Sing planned to sue for damages amounting to RM1.2 million, can he file the claim at the High Court? Justify your answer.

2. Dr Azmi Sharom is a law lecturer at Universiti Malaya. He was charged with the offence of saying seditious remarks in his weekly column in the Star and is charged under s. 4 of the Seditions Act 1940. He plans to challenge the s. 4 of the Seditions Act as he claimed that the law contravene Art 10 of the Federal Constitution that guarantees freedom of speech.Which court has the jurisdiction to hear the matter? Why?

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