EUT 440

ENGINEERS IN SOCIETY
TOPIC 1: INTRODUCTION TO
LAW FOR ENGINEERS
LECTURERS:
DR. KHADIJAH MOHAMED
MDM. ROHIZAN HALIM
OVERVIEW
 Outline
 INTRODUCTION TO MALAYSIAN LEGAL SYSTEM
 CONTRACT LAW
 LAW OF TORT
 INTELLECTUAL PROPERTY LAW
 EMPLOYMENT LAW
 Objectives:

 Explain the main concepts of law in Malaysia that

relevant to engineering context.
 Describe the basic principles of the law governing the
above topics.

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WHAT IS LAW?

Source: http://www.online-nations.net/areas/law-toon.html

 Originally laws & rules were invented to regulate social

interaction in a peaceful manner.

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DEFINITION OF LAW
 Oxford Dictionary: Law is the body of enacted
or customary rules recognized by a community
as binding.
 Webster‟s Dictionary: A binding custom/practice
of community ~ A rule or mode of conduct or
action that is prescribed or formality recognized
as binding by supreme controlling authority or
made obligatory by a sanction made.

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…DEFINITION OF LAW
 Sir John Salmond: “the body of principles recognized
and applied by the State in the administration of
justice”.
 John Austin: “a command set by a superior being (state)
to an inferior being (individual) and enforced by
sanction”.
 Thus, law is a set of rules, developed over a long period
of time that regulates interactions that people have
with each other, and which sets standards of conduct
between individuals and between individuals and the
government and which are enforceable through
sanction.

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LAW AND ETHICS
 Ethics refers to „what is right‟ and „what ought to be‟,
not simply accepting „what is‟.
 “A set of moral principles or values that governs the conduct of
an individual or a group”. It sets standards of “good” and “bad”
as opposed to “right” and “wrong.”
 The purpose of law is to govern the conduct of all
members of society whilst ethics guides individuals in
ascertaining the soundness of rules and their impact
upon relationship.
 What is lawful conduct is not always ethical conduct.
 Legal behavior is not necessarily ethical behavior i.e the law may
permit something that would be ethically wrong.

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MAJOR LEGAL SYSTEMS
 Civil law: based around a written codified body of laws.
 A comprehensive system of rules and principles usually
arranged in codes and easily accessible to citizens and
jurists. Mostly in Continental Europe, Central and
South America.
 Common law: the body of laws and procedures created
by the judiciary (the judges) and applied via the doctrine
of precedent.
 The bulk of the law is usually found in case law, but
statute is playing an increasing role. England and
almost all of British former colonies.
 Religious law: based on religion teachings.

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CLASSIFICATION OF LAW
 Public Law: Govern the relationship between
individuals and the state.
 International Law: Body of law which is composed
for its greater part of the principles and rules of
conduct which states feel themselves bound to
observed and consequently commonly do observed in
their relations with each other.
 Private Law: Concerned with matters that affect the
right and duties of individuals amongst themselves.

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 Classification of law

Public Law Private Law International Law

Constitutional Law Business Law
(Rights of individuals To protect personal interest
in the state)
‐ Supremacy of Law of Tort Public Law
Parliament - Breach of General ‐ Prevails between states
‐ Right of Citizen Duty which imposed ‐ Treaty Law
‐ Federal & State by the law, and not ‐ Law of Sea
Power agreed between the ‐ Inter. Criminal Law
parties. ‐ Inter. Humanitarian Law
Private Law
Criminal Law
- Law governs conflict
Codifies the various offences
between individual.
committed by individuals as
- Part of municipal law
against the state.

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MAIN SOURCES OF MALAYSIAN LAW
SOURCES
Written Law Unwritten Law Islamic Law

Federal & State Principle of English Law Applicable to

Constitution Local Circumstances
(i) Common law (ii) Equity
Legislation Enacted
By Parliament &
State Assemblies Judicial Decision

Subsidiary Legislation
(Other Body eg: Custom
Universities)

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COURTS AS A SOURCE OF LAW
 2 basic distinctions:
 Trial v Appellate courts
 Civil v Criminal courts
 Trial courts hear case „at first instance‟ i.e to make a
ruling on the issues of fact and law. Appellate courts
reconsider the application of legal principles to a case
already heard by a lower court.
 Civil courts hear those areas of law which govern the
relationship between legal persons eg. contract,
employment, tort. Criminal courts hear those wrongs
which are sufficiently important for society to impose
certain penalties on the wrongdoer.

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MALAYSIAN COURT STRUCTURE
 Art.121 (1A) FC
provides for dual
justice system:
 Secular laws
(Public and
Private)
 Shariah laws
(only applicable
to Muslims)

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