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MALAYSIAN
CONTRACT LAW
Mdm. EMEDYA MURNIWATY BINTI SAMSUDIN
Dept. of Building and Construction,
Faculty of Civil and Environmental Engineering
office room location:
Room No 15, MB, Level 1, FKAAS
Email: emedya@uthm.edu.my
emedya.samsudin@gmail.com
1.0 INTRODUCTION TO
MALAYSIAN CONTRACT LAW
Chapter content:
1.1 Definition of Contract/Law
1.2 Elements and Classifications of
Contract
1.3 Motive of Contract
1.4 Sources of Contract Law
What is Contract ?
UNQUALIFIED ACCEPTANCE
CONSIDERATION
FREE CONSENT
INTENTION TO CREATE
LEGAL RELATIONS
CERTAINTY OF TERMS
LEGAL CAPACITY TO
CONTRACT
PHYSICAL/ LEGAL
POSSIBILITY
VALID/ ENFORCEABLE
AGREEMENT/ CONTRACT
2. Simple Contract
Informal contract and may be made in any waywriting, orally or implied from conduct.
Per
Content
Substantive
Law
Defines rights and
duty
Stipulate sanctions
Per
Sources
Procedural
Law
Lays down rules to
set process of law
in motion
E.g. Arbitration
Per
Enforcement
Public Law
Written
Law
Constitution
Legislation
Unwritten
Law
Customary Law
Case Law/Judicial
Decision
Common Law/Equitable
Principles
Private Law
International
Law
Constitutional
Law
Federal
Constitution
State
Constitution
Legislation
Acts of
Parliament
State Laws
(Ordinances/
Enactments
Unwritten Law
Known as Muslim
Law
Applicable to those
practising Islamic
Faith
Subsidiary/
delegated
Legislation
Delegated by
Acts of
Parliament.
E.g. UBBL,
etc.
Syariah Law
Judicial
Decisions
Case Law
Doctrine of
State Decisis/
Judicial
Precedent
Applicable
English Law
Common
Law
Equitable
Principles
Statues of
General
application
Customary
Law
Native
Customs
Trade
Customs/
Usage
Superior
Courts
Court of Appeal
High Court of Sabah &
Sarawak
Sessions
Court
Subordinate
Courts
Magistrates
Court
Penghulus Court
Syariah Court
Sessions Court
Native
Courts
Juvenile Court
Juvenile
Court
Magistrates Court
Sources
Broadly categorized into:
Written law; and
Unwritten law.
TYPES OF LAW ON
ENGINEERING/CONSTRUCTION
WORKS
Engineering Law
Building Law
ATTENTION!
Collection for Contract and
Estimation Teaching Module.
Each student must pay RM14/person
to the Class Representative
Module is Compulsory for
EVERYONE. PHOTOCOPY IS
STRICTLY NOT ALLOWED
End of Chapter 1
Thank You