[HT 311: TOURISM AND HOSPITALITY LAW] TABLE OF CONTENT CONTENT

December 18, 2013

NUMBER OF PAGES

QUESTIONS: 1. Define the word Law. 2. What is Private Law? 3. Explain what is meant by International Law. 4. Briefly explain the THREE (3) main components of private law. 5. Describe the hierarchy of Courts in Malaysia. 6. What are the various sources of law in Malaysia? Describe the sources. 7. State the similarities and differences between legislation and subsidiary legislation. 8. Explain the jurisdiction of Syariah Courts? 2

2 2 3 4 5

6 7

[HT 311: TOURISM AND HOSPITALITY LAW] QUESTIONS AND ANSWERS: 1. Define the word Law.

December 18, 2013

Law is a set of agreed rules either general or made by the legislature to protect, organize and preserve the rights of a person and of creating social harmony. 2. What is Private Law? That portion of the law that defines, regulates, enforces, and administers relationships among individuals, associations, and corporations. As used in distinction to public law, the term means that part of the law that is administered between citizen and citizen, or that is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation rests are private individuals. 3. Explain what is meant by International Law. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations.

International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as

the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform.

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4. Briefly explain the THREE (3) main components of private law.

1) Trust Law The trustee is given legal title to the trust property, but is obligated to act for the good of the beneficiaries. The trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties. Trustees who violate this fiduciary duty are self-dealing. Courts can reverse selfdealing actions, order profits returned, and impose other sanctions 2) Contract Law Contract law involves agreements among private individuals or compensation for failing to fulfill those agreements. Contractual disputes may deal with the sale of merchandise or real estate or the provision of work, labor, or professional services, to name a few examples. Most malpractice suits against health care providers and hospitals are based on tort law, not contract law.

3) Tort Law A tort is a breach of a duty, other than a contractual duty, which gives rise to an action for damages to compensate the injured party. Tort law deals with injury or wrongdoing committed with or without force/intent to the person or property of another. A tort case may involve trespassing upon another's land, committing assault and battery upon a person, creating a nuisance, damage through negligence to the person or property of another, or defamation of character (libel and slander), to name a few examples. Most malpractice suits against physicians and hospitals are based on tort law. The same act may be both a crime against society and a tort against an individual

[HT 311: TOURISM AND HOSPITALITY LAW] 5. Describe the hierarchy of Courts in Malaysia.

December 18, 2013

Federal Court

High Court in Malaya

High Court in Sabah & Sarawak

Sessions Courts Sessions court

Magistrates' Court (small claims procedure)

Magistrates' Courts

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December 18, 2013

6. What are the various sources of law in Malaysia? Describe these sources.

i.

Written law Written law is the most important source of law. Its refer to that portion of Malaysian law which includes: a) The Federal and State constitution b) Legislation enacted by parliament and state assemblies c) Subsidiary legislation

ii.

Unwritten law Doesnt mean that is not written. What made it unwritten is that is not made by the formal legislative bodies. Sources of unwritten law are: a) English law (common law) b) Judicial decision c) Customs

iii.

Islamic law Is the body of Islamic Law. The term means "way" or "path"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence Applicable to Muslims only and administered in the Syariah Courts. The courts possess civil jurisdiction over offences by Muslim against the religion.

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December 18, 2013

7. State the similarities and differences between legislation and subsidiary legislation.

Legislation

Subsidiary legislation

The supreme lawmaker

Similarities

The supreme lawmaker

a) Need

to

undergo

the

a) Subsidiary legislation can be passed very speedily as it does not have to undergo the various

various stages of procedure from the legislative to the

assemblies

parliament to be passed.

stages of procedure which has to be followed in

b) Legislation refers to the laws which have by been the

Parliament or the State Legislative Assemblies

formally

passed

properly elected bodies, i.e. the Parliament (at the

b) refers to the rules and regulations, which are

Federal level) and the State Legislative Assemblies (at the State level) Differences

passed by some person or body under some

enabling parent legislation

c) Legislation Parliament

passed is

by

c) The

Interpretation

Act

generally

1967 defines it as any proclamation, rule, regulation, bye-law or order, other

called an Act of Parliament, while those passed by the State Assemblies Enactments exception Legislative are (with of called the Sabah

instrument made under any Act, Enactment,

Ordinance, or other lawful authority and having legislative effect.

and Sarawak, where they are called Ordinances).

[HT 311: TOURISM AND HOSPITALITY LAW] 8. Explain the jurisdiction of Syariah Courts?

December 18, 2013

Any problems that arise pertaining to Syariah matters and the parties will have to go to the Syariah Court to determine their claims. Even though Syariah law provides

regulations in all aspects, the Syariah law that is applicable in Malaysia is confined to only personal matters, amongst others; the law on marriage and divorce and the distribution of estates before and after death. Details of the subject matter can be found in the Federal Constitution, List ii schedule 9. The Syariah Court is classified into three categories a) Syariah Subordinate (lower) Court, b) Syariah High Court c) Syariah Appeal Court. Most subject matters begin in the Syariah Subordinate Court, except on matters pertaining to custody of children and the division of matrimonial assets (harta sepencharian). These are under the jurisdiction of the Syariah High Court. The Syariah High Court hears appeals from the Syariah Subordinate Court and it may revise decisions of the lower court. Besides that, any claim above Fifty Thousand Ringgit

Malaysia (RM50000) is also heard in the Syariah High Court. The jurisdiction of the Syariah Court is divided into both, criminal and civil. Different procedures apply in both jurisdictions. Only a Muslim, either by birth or by way of conversion, can go to the Syariah Court.