In Malaysia, it is quite common that we come across merchants setting minimum charges for card payments, or even impose a surcharge. Under black letter law, it is legal for them to do so?
Author: Chan Zi Xin
Chan Zi Xin is currently pursuing a Master in Medical Law (LLM) in the University of Liverpool as a Hodgson scholar. Having had her own articles published in Brickfields Law Review and Liverpool’s Law Bulletin, Zi Xin also led the operation of the University of Liverpool’s Law Review as the Deputy Editor In Chief (2016-17). Besides, Zi Xin currently volunteers with Healthwatch Liverpool as a social worker, where she acts as an advocate to help monitor and influence the provision of health and social care services in Liverpool. Zi Xin is also an avid squash player where she played for the university team and coached junior players.
A Director May Be Held Personally Liable for Trade Mark Infringement
This is a case analysis regarding the decision in Chanel v. Melwani2 International Sdn Bhd, Lachmandas Ishwarlal Melwani & Ang Chong Leng.
Airbnb Owners: Are You Charging Tourism Tax?
Tourism Tax is a mandatory tax charged on foreign tourists staying at any accommodation premises (eg. hotels, inns, hostels, lodging houses, AirBnb etc.) in Malaysia made available by an operator at flat rate of RM 10.00 per room per night.
[Member] Case analysis on Juris Technologies: Serious Repercussions from Confidentiality and Copyright Infringements
On 6 September 2017, Kuala Lumpur High Court in a case referred as Juris Technologies Sdn Bhd and Natsoft (M) Sdn Bhd v Foo Tiang Sin & 5 Ors had laid down several important precedents in IP, Tort and Employment…
The Tort of Sexual Harrassment
In 2016, the Malaysian Federal Court in the landmark decision of Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor (more commonly known as the “Lembaga Tabung Haji case”) had introduced the tort of sexual harassment into our legal system.…
Watch your words on social media: Section 233 of the Communications and Multimedia Act 1998
Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998 criminalises “the improper use of network facilities or services”. Basically, you might get yourself into trouble for posting anything (ie: remarks, comments, pictures, videos, signs) which are false, obscene, indecent,…
8 Things To Know About The Sale And Purchase Agreement For Residential Property
When you are buying a new house, you are often told that you are signing a “standard” sale and purchase agreement (SPA). However, do you know what are the “standards” you should expect in a standard SPA for residential property?
Occupier’s Liability
In Malaysia, we do not have an Occupier Liability Act. However, Section 3 of the Malaysian Civil Law Act 1956 provides that the Malaysian Courts shall apply the Common Law of England and the Rules of Equity as administered in…
Scrapping Mandatory Death Penalty for Drug Trafficking in Malaysia
Malaysia is known for having one of the harshest drug laws in the world, with a mandatory death penalty for drug trafficking.
ADVICE FOR KEEPING EXOTIC PETS
Do you know that you need to a license to keep exotic pets like tarantula, scorpion or monkey? Keeping exotic pets might seem cool, but as a responsible owner, you need to have a proper license and knowledge to protect…
Liars, Liars, Pants On Fire: Defamation Law And Defences
The High Court has fixed 5th – 9th March 2018 to hear Prime Minister Datuk Seri Najib Tun Razak’s defamation lawsuit against DAP’s MP Tony Pua, for uttering libellous remarks about 1Malaysia Development Berhad (1MDB). So, what exactly is defamation,…
What Is An Advance Decision To Refuse Treatment and How To Make One?
Everyone has the right to make healthcare decisions for themselves (ie: consent or refuse medical treatments or interventions) if the person is a competent adult. However, when a person lacks capacity (ie: becomes unable to make or communicate your decisions),…
What Does It Mean To Be “LGBT” In Malaysia?
Recently, a Malaysian gay couple’s romantic wedding proposal video went viral online. This proposal has prompted Sepanggar Umno youth representative, Shyazreen Asri, to lodge a report to the relevant authorities to investigate and take action against them. Some of you…
Malaysia’s Drug Laws: More than just Death Penalty
Possession of drugs in Malaysia is no joking matter. Drug regulation is governed by the Dangerous Drugs Act (DDA) 1952, ANYONE regardless of his/her nationality can be arrested and punished under this Act if convicted.
What To Do If You Were Unfairly Dismissed From Employment?
TWO TYPES OF DISMISSAL Direct dismissal – an employer decides to end the employment relationship, and dismisses the employee by way of a formal letter of termination. Constructive dismissal – an employee is forced to resign due to a fundamental…
WELCOMING THE LEAP MARKET: A NEW FUND-RAISING PLATFORM FOR SMEs
Currently, 96% of small and medium enterprises (SMEs) funding comes from the banking sector, an indication of its huge dependence on financial institutions for its growth and survival.
[Member] Looking Ahead: How Blockchain Might Change The World?
Recently, there are a lot of discussions surrounding “Bitcoin”, “blockchain” and “cryptocurrency”. These are closely related concepts but they are not synonymous. This article provides some basic definitions for these terms, and explains how they might disrupt traditional business practices…
Key Snapshots Of The Companies Act 2016
From 31st January 2017 onwards, all companies in Malaysia will operate under the Companies Act (CA) 2016.
General Differences between Will and Trust
Will Trust A will is a declaration containing a person’s (testator’s) intentions regarding the distribution of his assets after his death. A trust is a legal arrangement in which the settlor authorises a person (known as…
10 Basic Things You Need To Know About Goods and Services Tax (GST)!
Q1: What is GST? The Goods and Services Tax, more commonly known as GST, is a consumption tax based on the value-added concept, replacing the sales tax and service tax. In Malaysia, GST were implemented since 1 April 2015, fixed…