ARTIFICIAL REPRODUCTION AND WHAT IT MEANS?
Month: December 2017
Discharge of Bankruptcy Part I
Normally, once you are adjudged a bankrupt, you can apply to the official assignee for discharge via a proposition for settlement.
Director’s Duties
Directors’ duties and liabilities in a company The directors powers and duties are stated in the articles of association and also the board where the power of management lies. According to Section 122 of the Companies Act 2016, every company…
[Member] Initial Coin Offering (ICO) as a New Way of Fundraising?
In the Western countries, Initial Coin Offerings (ICOs) have emerged as a popular new form of fundraising.
Purchasing Auction Properties
Purchasing properties in Malaysia has caused various psychological barriers on many purchasers even though the price of the said property is said to be cheaper than market value.
Is Malaysia Ready For Self-Driving Cars?
Self-driving cars, also known as “autonomous cars”, are “smart cars” which can manoeuvre themselves on planned routes without human input.
Marital and Legal Communication
Marital Communication Privilege SECTION 122 OF THE EVIDENCE ACT 1950 No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been…
Right To Take Away Your Malaysian Identification Card
Have you ever had somebody asking you whether you should provide and/or surrender your Identification Card for i.e security purposes at guarded neighbourhoods/communities?
[Member] Merchants Cannot Impose Minimum Purchase Amount or Surcharge for Card Payment
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?
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…
Informed Consent And Its Position In The UK
Informed consent is currently a widely accepted practice. It is a concept that arises as Beuchamp and Childress put it in ‘Principles of Biomedical Ethics’ from the ethical principle of patient autonomy. There are of course also views that it…
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.…
Advancements in Medical Technology
Medical Technology or Mere Science Fiction?
E-Hailing Services In Malaysia
Heard of Uber and Grabcar? Sounds familiar lately? Have you been on one? Are these actually legal?
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?
Ethical Considerations In End Of Life Decision-Making
Many times, medical practitioners come across family members that carry the burden of having to choose on whether their loved ones should continue obtaining a certain life support treatment or if the said support should be terminated.
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…