Elamaaran Alaggar

ID: 012020021097

FINAL PROJECT
BUSINESS LAW & ETHICS
DLW 5013

LECTURER
JEONG CHUN-PHUOC

PROGRAMME
MBA

SESSION
FEBRUARY 2020

STUDENT NAME
ELAMAARAN ALAGGAR

STUDENT ID
012020021097

HP NUMBER
0176740560

VENUE
MSU OFFICIAL ONLINE GROUP
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GENERAL ANNOUNCEMENT:
This is an INDIVIDUAL PROJECT, replacing your final exam due to the current Covid19 issue and the
Movement Control Order (MCO) in Malaysia.

INSTRUCTIONS:
Kindly read ALL the below-listed rules (submission rules, referencing and plagiarism rules, project format
and formatting rules, assessment rules) carefully before you attempt your final project.

Submission Rules
1. Please submit via email as stated, using a Word document. The document MUSTcommence with a
proper Cover Sheet, with all details completed (including your particulars, signature and photo).
Kindly remember, you shall submit only a single file (starting from the Cover Sheet to the Appendix).

2. You have a specific deadline/due date for this project.

Softcopy: 25th April 2020, 12:00 pm (MST) to be emailed to jeong@msu.edu.my and CC to
jeongchunphuoc@gmail.com (DO NOT send to any other email).

Hardcopy: To be submitted latest on the 1st day of the next module starts right after the
Movement Control Order (MCO) ends.

3. ABSOLUTELY NO EXTENSIONS. Failure to submit either part of the assessment willresult in an

automatic fail in this course. Extensions and late submission will not be entertained under any
considerations.

4. The project MUST be taken entirely alone. Any discussion among classmates or otherstudents in the
course or senior course mates who have completed this course is forbidden.

5. Any student’s project, which is found to be similar to other student(s), all studentsinvolved will be
given a FAILURE for this subject.

6. You MAY use other references to research on comparative jurisdiction of other countries.

Referencing and Plagiarism Rules

1. You must reference all sources used, even where you do not use the exact words thatappear in
the source.

2. Any source taken from books, notes etc HAS TO BE CITED with referencing, DO NOT COPY AND
PASTE but write in your understanding and paraphrase.

Again, please ensure that you do not copy-paste from any source as preserving the originality of your
work is very crucial (all projects will be checked via Turnitin, and this similarity should not exceed 19%.
Any submission of the project exceeds the similarity of 19%, and the said 50% of your total
mark would be deducted immediately.
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3. PARAPHRASING TOOLS are NOT ALLOWED, any answers detected using PARAPHRASINGTOOL
will be automatically awarded Zero marks.

4. Where you use another author’s ideas, but phrase these ideas in your own words. Thismust be
cited as a ‘paraphrasing’, except quotation with a quotation mark (in line with APA 6th edition).

Wherever you do use the exact words of another author, you must recognise this by citing as a
quotation (not a paraphrasing). Citing a direct quote as a paraphrasing may constitute deliberate
plagiarism.

5. You are reminded that the intentional unacknowledged appropriation of other people’s work
constitutes plagiarism and that the University’s policy in this regard will be enforced. Ignorance of what
constitutes plagiarism is unlikely to be a successful defence.

6. Please note that it is likely that you will identify scholarly articles which review the earnings
business management literature. If you use these to help you structure your write-up, or if you cite
sources referenced by these papers, but which you have not read yourself, you must disclose this
appropriately.

Project Format and Formatting Rules

1. Your answers MUST BE TYPED using Microsoft Words. Again. Only Microsoft WordDocument File
Format is ACCEPTED. Any other FORMAT UPLOADED WILL NOT BE MARKED!

2. Answer all questions. Your answer needs to demonstrate your depth of understanding with clear
answers that are supported with relevant examples where necessary.

3. Your answer should adopt the format of an academic piece of report work. Write influent, formal
English.

4. Your answers should be arranged in sequence (starting with Q1a, Q1b, Q2, etc.) and labelled
appropriately.

5. You are required to produce your answers within the required word counts as stated atevery
question.

6. The additional requirement to the overall answer presentation:

a. Student ID Number on each page (Header).
b. Margin must be a 1-inch margin on all sides with page numbers at the bottom centred
(Footer)
c. Font: 12 points, Times New Roman
d. Text: 1.5 Spacing, Block Aligned (Justified)
e. Referencing Style: APA 6th Edition
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Assessment Rules
Marking is based on QUALITY of your answers, the more UNIQUE/CREATIVE/ORIGINAL your answer is,
the BETTER YOU SCORE!

Marks are given based on proper research methodology, research robustness and innovativeness, logical
findings with clear support (case law and case study examples) and commendable conclusions.

1. (a) Sustainable Development Goals(‘SDG’) seeks to change the current way of doing
business in ASEAN and also in Malaysia and that includes office and workplace
environments. Is it a legal requirement that local companies must implement SDG
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elements in their business ethics in Malaysia? Is this the same situation in Singapore
and UK? In your research, present your findings on whether the measures enforced
by the government to tackle the COVID-19 is part of business ethics to protect
business sustainability? Discuss in your research ethical findings in Malaysia, China
and the USA with any practical business continuity examples.
Malaysia
On March 27, Malaysian Prime Minister Tan Sri Muhyiddin Yassin reported a RM250bil
monetary upgrade bundle to pad the financial aftermath from the Covid-19 episode. This
amazing lift is in excess of multiple times the RM20bil designated in the principal bundle
declared by past PM Tun Dr Mahathir Mohamad in February.
The wide-going measures in this new bundle incorporate direct money payouts to influenced
residents, limited rates for essential necessities, advance installment bans, budgetary assurances,
and extra portions for basic divisions like social insurance. The misery of the overall population
has been replied.
As indicated by the Statistics Department, 98.5% of business foundations in Malaysia are SMEs.
They contribute about 40% to the nation's GDP, enlist very nearly 66% of our workforce.
Fundamentally, SMEs are "too enormous to fizzle" as we are so subject to independent
companies. In the event that SMEs go down, many would lose their positions.
The administration can take both a focused on and wide based methodology. Here are six
recommendations how to help organizations, including good cause, during this period.

 Subsidies working capital: Cash stream is quite often the No.1 worry for SME proprietors
in typical occasions, and right now a money infusion is the main thing that will keep
numerous SMEs alive. Sponsorships half of fixed costs that incorporate wages, lease and
utilities for SMEs with a yearly turnover of under RM500,000.

 Offer business gives so ventures can enhance, get to new markets and digitalize their
business: In 2003, SARS (extreme intense respiratory disorder) was a vital turning point
for two online retail pioneers, Alibaba and JD.com, as the plague helped support internet
business in China. Could Covid-19 be a comparable distinct advantage for Malaysian
organizations? Like it or not, this pandemic is changing the manner in which we live and
work. Most by far of organizations will think about digitalization to future-verification
themselves. Henceforth, awards for foundation relocation, internet business set ups and
abroad market access would be tremendously invited.

China
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A quarter of a year after the main instance of COVID-19 announced in Wuhan, Hubei Province,
China is probably moving toward its last phase of household control, and its current arrangement
center is around reestablishing the nation to its ordinary running. China's current moderately
stable condition on the infection, without a doubt, is hard-earned. Prohibitive measures to battle
COVID-19, regularly including traffic limitation, work boycott and occasions undoing, have
realized significant financial ramifications on singular representatives and endeavors. In this
blogpost, I will survey the legitimate premise and extent of these measures, trailed by an
assessment of steady measures for monetarily influenced workers and endeavors individually.
Enterprises: supportive measures
Up until this point, there appears to be no exceptional system to straightforwardly repay
endeavors' monetary misfortune acquired by work boycott during the COVID-19. By the by,
governments have found a way to moderate the monetary weight and encourage the recuperation
of ventures.
At the focal government level, most budgetary arrangements are to ensure credit financing,
mitigate endeavors' consumption and guarantee resumption of creation and business. For
instance, on 31 January 2020, the People's Bank of China, the Ministry of Finance, the China
Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission,
and the State Administration of Foreign Exchange mutually gave the Notice on Further
Strengthening Financial Support for the Prevention and Control of the Epidemic of Novel
Coronavirus Pneumonia, which necessitated that money related organizations ought not
indiscriminately limit, cancel, or decrease credits for miniaturized scale and-little estimated
endeavors. For undertakings seriously affected by the flare-up, their advances ought to be
broadened or reestablished.
On 20 February, the Ministry of Human Resources and Social Security, the Ministry of Finance
and the State Taxation Administration together gave the Notice of Temporary Reduction and
Exemption of Social Insurance Premiums Payable by Enterprises, which approved the common
governments to incidentally lessen or absolve the endeavors' commitments to the premiums of
their representatives' social protections for 5 months. Endeavors that experience serious troubles
underway and activity as influenced by the COVID-19 flare-up may apply for the conceded
installment of social protection premiums for a half year. The Policy Guidelines – to Support
Small-and-medium-sized Enterprises (SMEs) in Responding to COVID-19 gave by Ministry of
Industry and Information Technology on 19 March fortified past government measures. Extra re-
advances, rediscount or exceptional credit advance adding up to 850 billion RMB are made
accessible to SMEs through arrangement banks or other budgetary establishments, and nearby
decrease in charge, utility charges, property rents and social protection premiums is reliably
advanced.
At the subnational level, governments have taken progressively expounded measures to actualize
focal approach rules. For instance, to balance out work and simultaneously diminish work
expenses to endeavors, Shandong area gave dies down to undertakings that continued activity
before 10 March, and Henan Province rewards half refund of joblessness.
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UK
On 17 March 2020, the UK government declared a salvage bundle worth £330 billion to help
organizations battling with the 'monetary crisis' brought about by the coronavirus pandemic in
the UK. These measures, illustrated by the Chancellor of the Exchequer Rishi Sunak, are
notwithstanding £12bn of additional spending explicitly focused because of the general
wellbeing emergency that was guaranteed by the legislature as a major aspect of the Budget
reported a week ago.
The salvage measures include:
 the Coronavirus Business Interruption Loan Scheme: access to government-upheld
credits of up to £5 million for UK organizations (with a yearly turnover of up to £41
million) that are enduring with income pressures during the emergency time frame, with
no enthusiasm due for the initial a half year, and an assurance gave by the administration
of 80 percent on each advance;
 a year break from business rates for organizations of any size inside the retail, recreation
and cordiality segments;
 cash awards of up to £25,000 for battling independent ventures inside those segments;
 cash awards of £10,000 for the UK's littlest organizations; and
 support accessible to all organizations and independently employed individuals in money
related pain, and with extraordinary assessment liabilities through HMRC's 'An ideal
opportunity to Pay' administration.

HM Treasury and the Bank of England have additionally reported the Covid Corporate
Financing Facility (CCFF), which will give monetary help to organizations confronting income
interruption because of the pandemic. Financing will be made accessible by the Bank of England
by means of the acquisition of business paper with a development of as long as one year gave by
venture grade non-money related firms making a material commitment to the UK economy. It is
planned that the CCFF will work for an underlying time of a year. Further subtleties, including
application documentation, are relied upon to be distributed on 23 March.
The Chancellor likewise reported a concurrence with banks to allow a home loan occasion of as
long as a quarter of a year for property holders in trouble because of the pandemic. Government
pastors are likewise set to hold converses with examine bolster bundles for other influenced
parts, for example, flying.
As an end to my exploration, every nation has their own specific manner of ensuring business
manageability to beat this pandemic infection.
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1. (b)Corporate Social Responsibility(‘CSR') is another important element in the

global ASEAN corporate sector. It provides business advantages to companies
operating in the new Industrial Revolution 4.0. It is stated that small companies i.e.
SMEs are not required to carry out CSR in Malaysia. Is this a correct legal
position? Include in your research any weaknesses and limitations in the
implementation of Corporate Social Responsibility(‘CSR') in Malaysia, Singapore
and the UK; and how it can be enhanced for social and national benefits in
Malaysia.

I strongly disagree that small companies i.e. SMEs are not required to carry out CSR in
Malaysia. This is because every business can make an impactful difference, regardless of size or
budget limitations, through CSR approaches tailored to suit their purpose and values.
Weaknesses and Limitations: CSR Costs Money to Implement
The fundamental drawback of CSR is that its costs fall disproportionally on private ventures.
Significant partnerships can bear to assign a spending limit to CSR detailing, however this isn't
constantly open to littler organizations with somewhere in the range of 10 and 200 workers. A
private venture can utilize web-based social networking to impart its CSR strategy to clients and
the neighborhood network. In any case, it sets aside some effort to screen trades and could
include employing additional staff that the business will be unable to manage.
Weaknesses and Limitations: Conflicts with the Profit Motive
In any event, for bigger organizations, the expense of CSR can be an obstruction. A few pundits
accept that corporate social obligation can be a pointless activity. An organization's
administration has a guardian obligation to its investors, and CSR legitimately restricts this, since
the duty of administrators to investors is to boost benefits. A director who neglects benefits for
certain advantages to society may hope to lose his employment and be traded by somebody for
whom benefits are a need. This view drove Nobel-Prize winning financial analyst Milton
Friedman to compose an exemplary article with the title: "The Social Responsibility Of Business
Is to Increase Its Profits."
Disadvantage: Consumers are Wise to Greenwashing
Greenwashing is term used to depict corporate practices that seem, by all accounts, to be
ecologically mindful without really speaking to an adjustment in how an organization leads its
business. For instance, an item might be named as "All Natural", despite the fact that it is being
fabricated similarly as it generally has. Some dry-cleaning administrations mark their activities
as "Natural" which sounds like "natural nourishment" however conveys no particular
importance. A few clients may respond decidedly to these kinds of cases; however, others are
careful about corporate greenwashing.
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Benefits: Profitability and Value

A CSR arrangement improves organization gainfulness and worth. The presentation of vitality
efficiencies and waste reusing reduces operational expenses and advantages nature. CSR
additionally expands organization responsibility and its straightforwardness with venture
investigators and the media, investors and nearby networks. This thusly improves its notoriety
among speculators, for example, common finances that incorporate CSR into their stock choice.
The outcome is an upright circle where the organization's stock worth increments and its
entrance to speculation capital is facilitated.
Benefits: Better Customer Relations
Imagine that organizations ought to be socially capable. Buyers are attracted to those
organizations that have a notoriety of being a decent corporate resident. Research at Tilburg
University in the Netherlands indicated that customers are set up to follow through on a 10
percent greater expense for items they esteem to be socially mindful.
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1. (c)Corporate Governance is an integral part of the corporate environment. What is

Corporate Governance? Does Corporate Governance transform corporate
transparency for employees/staff and directors of companies in Malaysia? Is ethics
part of Corporate Governance? Is compliance with Corporate Governance a
mandatory requirement for listed companies and SMEs in Malaysia? Pick any
country and compare it with the Malaysian legal position with clear examples.

Corporate governance is the mix of rules, procedures or laws by which organizations are worked,
managed or controlled. The term incorporates the inward and outside variables that influence the
interests of an organization's partners, including investors, clients, providers, government
controllers and the executives. The top managerial staff is liable for making the structure for
corporate administration that best adjusts business lead with targets.
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Comparisons and examples (MALAYSIA & UK)

Our primer examination between the Malaysian and UK corporate administration codes uncovers
various huge discoveries. To begin with, both the new UK Combined Code and the proposed
Malaysian Code recognize in their separate meaning of corporate administration that business
flourishing and responsibility lay on sound administration standards. The individual Codes
additionally advocate the foundation of selection, compensation and review panels inside the
board in accordance with best practice.
Second, the structure of corporate possession vigorously impacts the job that is anticipated from
corporate administration. UK recorded organizations ordinarily are not family claimed concerns.
Henceforth, the essential corporate administration issue supporting UK Codes is the issues
related with the partition of control and possession found in UK recorded organizations.
Conversely, numerous Malaysian recorded organizations are claimed by controlling and
considerable investors. Now and again, command over a recorded organization might be
practiced through a cross shareholding or pyramid structure. Under such conditions, there is a
noteworthy disparity among control and income rights. The controlling investor may along these
lines participate in exercises that expand his perquisites or seize the privileges of minority
investors. Great corporate administration rehearses are along these lines fundamental to secure
minority investors just as impart speculator certainty.
Third, verifiable components and social attributes shape to a significant degree business moral,
corporate practices and the conduct of board individuals. In Malaysia, most recently recorded
partnerships have advanced from conventional family possessed endeavors. These organizations
keep on being overseen as though they are as yet possessed by its originator individuals. Thus, an
enormous number of the proprietor chiefs may not be completely mindful of the suggestions in
grasping more transparency and revelation in strategic approaches. Notwithstanding KLSE
posting prerequisites, review boards of trustees were seen as incapable. Much of the time, they
were set up only to consent to the structure and not the soul of the guideline. The KLSE/PWC
postal overview results feature the way that CEOs and overseeing executives assume profoundly
significant jobs and are amazingly powerful in Malaysian PLCs. They are liable for some
capacities that are ordinarily dealt with by the board in different nations. Therefore, the job,
capacities and obligations of the board all things considered become correspondingly lessened in
Malaysia.
Fourth, while the UK Combined Code and its ancestors require just exposure of consistence or
rebelliousness, the proposed Malaysian Code is fortified with proposed change of related laws.
These proposed far reaching administrative changes are viewed as fundamental by the Malaysian
specialists not exclusively to guarantee compelling consistence with the Malaysian Code yet in
addition to modify the legitimate structure in accordance with business reality.
At long last, the moderately more noteworthy accentuation on legal guideline in Malaysia
mirrors a fluctuation in actualizing the corporate administration code. The new UK Combined
Code as of now shapes some portion of the London Stock Exchange posting necessity. While the
Malaysian Code suggestions generously reflect the UK Codes, especially that of Hampel's, a top-
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down administrative methodology as clear in Malaysia, is profoundly reliant on the gift of the
proper forces and successful authorization. Since the proposed Malaysian Code was made open
around a half year prior, no report has yet risen at the hour of writing to recommend when the
related law changes will be postponed for banter before parliament. The hazard remains that the
proposals proposed in the Malaysian Code and its going with law changes may not be received
sooner rather than later.
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1. (d)White-collar crime is prevalent in companies where Corporate Governance

(‘CG’) is neglected by top management. Corporate scandals such as the collapse of
Enron, World com, Lehman brothers, are cases of corporate decadence. Hence,
there is a critical need to uplift and enforced corporate governance at all levels of
the corporate structure. In Malaysia, the Malaysian Code on Corporate Governance
2017 ('MCCG 2017') is the main reference for corporate governance. Perform a
research and evaluate in your finding whether MCCG 2017' is effective in
addressing Corporate Governance issues? Compare this with the CG position in
Europe (pick any 2 other EU countries for comparison) and present your composite
findings, conclusion and recommendation if any. Ensure that all references follow
APA style and citation.

The MCCG 2017 is pertinent to all open recorded organizations and the principal clump of
organizations that are relied upon to report their use of the practices set out in the new code will
be those with money related year finishing 31 December 2017. It is significant that non-recorded
substances – including state-possessed endeavors, little and medium-sized undertakings (SMEs)
and authorized mediators – are likewise urged to grasp the code.
The code contains 36 practices to help three center standards as to an organization's board,
review and hazard the executives and partners. It adopts on another strategy to advance more
noteworthy disguise of corporate administration culture and envelops various new highlights.
The three principles are: 
 board leadership and effectiveness
 effective audit and risk management
 integrity in corporate reporting and meaningful relationship with stakeholders.
These are the foundations of good corporate administration and the columns that direct the
practices and the planned results when those practices are applied viably.
Intended outcomes
These empower organizations to picture what they would accomplish by applying the separate
practices.
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Practices
Practices are activities, systems or procedures that organizations are relied upon to receive to
accomplish the proposed result. They were structured mulling over existing or winning
administrative necessities, Bursa Malaysia posting prerequisites and fluctuating sizes and
complexities of Malaysian organizations just as worldwide accepted procedures in corporate
administration.
Certain zones of the MCCG 2017 have additionally joined 'advance up' rehearses that urge
organizations to lift their administration practices and procedures. Organizations that seek to
accomplish greatness in corporate administration, especially enormous organizations, ought to
consider applying the endorsed step-ups.

Guidance
The direction that follows each training gives help or extra data to organizations to apply the
training so as to accomplish the planned result.
As an end, organizations are likewise unequivocally urged to embrace the progression up
practice(s) and, when they do, to reveal their application to exhibit their promise to the better
expectations of corporate administration and to address Corporate Governance issues.
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2. (a)Conduct a research on the Malaysian Consumer Protection Act 1999(amended

2003), and find out what goods are covered and excluded from the Consumer
Protection Act 1999? Insert in your research an assessment from 1999 until to-date
2020, whether this law effective in addressing consumers complaints in Malaysia?
Then, compare this Malaysian legal situation with the legal situation in Singapore.
Perform a comparative legal study on Malaysia and Singapore, while highlighting
relevant issues with practical examples from Malaysia, Singapore and UK case law
as supports.

Malaysia didn't contain a particular arrangement on out of line contract terms in shopper
contracts, not at all like the other neighboring nations, for example, Singapore. The National
Advisory Council for Consumer Protection had expressed in its report in 1993 that the Unfair
Contract Terms Act 1977 which was in power in United Kingdom ought to be acquainted in
Malaysia with shield customers from uncalled for points of interest. In spite of the fact that there
was Consumer Protection Act 1999 came into power, shoppers in Malaysia keep on being
spooky with the issue of out of line terms.
A most huge revision is the point at which the Consumer Protection (Amendment) Act 2010
acquainted Part IIIA with the Consumer Protection Act 1999 (in the future alluded as CPA)
which has tended to this lacuna. Be that as it may, Malaysia didn't have any significant bearing
The Unfair Contract Term Act 1977 into enactment. Then again, in Singapore, the agreement
law is to a great extent dependent on the precedent-based law of agreement in England. All
agreement questions were settled through British precedent-based law on the significant issues.
Singapore didn't have their own freedom laws. Henceforth, Singapore followed The Unfair
Contract Terms Act 1977 (in the future alluded as UCTA) which was in power in England.
When there is no Singapore expert on specific conditions, it will normally be expected that the
position will be the same as that in England.
The Unfair Contract Terms Act53 which was updated by Singapore in 1994 has a similar target
as the first authorization of Unfair Contract Term Act 1977 in United Kingdom. It is an Act to
force further cutoff points to common obligation for penetrate of agreement, or for carelessness
or other break of obligation so as to shield buyers from out of line rehearses. It likewise denies
and confines certain authoritative terms which are considered preposterous.
The lemon law in Singapore gives that the clients would have the option to make a case for a
blemished item (otherwise called lemons) offered to them inside a half year of their buy. What's
more, it is necessary for a merchant of a faulty item to supplant, fix, discount or decrease the cost
of the inadequate item subject to certain conditions56. The Act applies to most purchaser
matters, yet it doesn't make a difference to deals of land and houses and business contracts. It
was detailed to give extra rights to buyers to guarantee that they are completely ensured under
the act57. Malaysia and Singapore had received diverse law dependent on unreasonable
agreement terms.
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While for CPA 1999, it is just relevant to purchaser contracts for private use yet not business
contracts. For instance, the merchandise or administrations purchased by singular customer for
individual, residential or family unit purposes. While under agreements which the customer
secures the products or administrations for exchange or assembling reason won't ensure under
the demonstration. Actually, it is constrained to the insurance of customers, and not retailers.
CPA 1999 rejects retailers and organizations and they are not given rights under this
demonstration.
From the clarification above, we unmistakably observe that, there are as yet numerous
deformities found in our present law overseeing the out of line contract term. Be that as it may,
there is a unique component expressed in CPA 1999 which isn't referenced in the enactment of
other three nations. Malaysian law has recognized procedural and considerable shamefulness and
more extensive assurance to the purchaser is ensured.
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2. (b)The Tribunal for Consumer Claims is perceived to be a proper avenue set up by

the Malaysian Ministry of Domestic Trade, Co-operatives and Consumerism to
address consumer claims and complaints. However, in reality, there are issues with
this Tribunal. Perform a research study on the nature and coverage of claims that
may be submitted to the Tribunal for resolution and provide a detailed remedy that
may be made available by the Tribunal to a claimant? Include in your research
study, the UK position on consumer protection and provide proper findings and
conclusions on the legal situation in Malaysia, Singapore and UK jurisdiction
respectively. Add in the recent Malaysia, Singapore and UK court decisions in as
practical supports.

The Tribunal
The Tribunal is an autonomous body set up under the Consumer Protection Act 1999 ("the Act")
to hear and decide claims documented by customers under the Act. This gathering gives a
substitute road to customers to record guarantees in a simple, cheap and quick way.
It's Jurisdiction
The Tribunal has the jurisdiction to hear:
 any claim in respect of any matter within its jurisdiction to hear as provided for under the
Act;
 where the total amount claimed does not exceed RM25,000.00;
 any claim in respect of any goods or services for which no redress mechanism is provided
for under any other written law; and
 a claim based on a cause of action which accrues within 3 years of the claim.
Limitations on jurisdiction
Generally, the Tribunal CANNOT hear any claim relating to:
 personal injury or death;
 the recovery of land or any estate or interest in land;
 dispute in respect of title of any land or estate or interest in land;
 dispute concerning the entitlement of any person under a will or on any intestacy;
 dispute on matter in respect of franchise, good will, trade secrets or other intellectual
property or any chose in action
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Types of claims
Most of the claims that the Tribunal hears relates to:
 misleading or deceptive conduct in relation to services as to the nature, characteristics,
suitability for a purpose, quality and quantity of the goods or services;
 false or misleading representation in relation to goods or services
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2. (c) Conduct a research on all possible available remedies according to the provisions of
both Malaysian Sales of Goods Act 1957 and Consumer Protection Act 1999(amended
2003). Perform a legal research analysis on the effectiveness of the Sales of Goods Act 1957
and Consumer Protection Act 1999(amended 2003) in resolving consumer-related issues
with practical industrial examples. Then compare this finding with the legal position in
Malaysia, Singapore and USA; and present a clear and logical comparative conclusion on
Malaysia, Singapore and USA legal position in this affair. Include in your research at least
6 legal articles/papers from international journals as support. Take care that all references
follow APA style and citation.
An agreement of offer of merchandise is an agreement by which the vender moves or consents to
move the property in products to the purchaser for a cash thought, called the cost. Products are
characterized as every single individual asset other than things in real life. A thing in real life is a
correct which must be authorized by suing. An individual property is a physical article which can
be contacted and moved. There are then three necessities which must be fulfilled before an
agreement can be named an agreement of offer of merchandise. Initially, the purchaser's
commitment under the agreement must be to address a cash thought called the cost. Second, the
topic of the agreement must be merchandise. Third, the merchant's commitment under the
agreement must exchange or consenting to move the property in the merchandise to the
purchaser. Every one of these three issues should be considered thusly.

1. The freezer of the refrigerator did not produce any ice

Goods must be Reasonably Fit for Purposes for which the Buyer wants them:
Area 16(1)(a) of the SOGA manages suggested condition as to wellness. The segment gives that
where products are sold over the span of a business and the purchaser explicitly or by suggestion
makes known to the vender the reason for which he is purchasing the merchandise, at that point
there is an inferred condition that the merchandise will be sensibly fit for that reason, regardless
of whether it is a reason for which such products are not generally purchased. This segment
might be summoned where the reason for which the products are required is made known to the
dealer except if it is suggested, however where a purchaser buys merchandise without saying
anything, the circumstance might be secured by area 16(1)(b). Apparently segment 16(1)(a)
avoids a private deal.
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Sample case
Deutz Far East (Pte) Ltd v Pacific Navigation Co Pte Ltd
This protection which is accorded to a buyer/consumer can be illustrated by way of making
reference to the case of Deutz Far East (Pte) Ltd v Pacific Navigation Co Pte Ltd , where the
plaintiffs were the manufacturers and suppliers of Deutz marine engines and spare parts. They
claimed for the sum being the price of a new top part of the injector jump („NTP‟) supplied to be
used on the main engine of the defendants‟ ship. The defendants maintained that the NTP was
defective as it had four oversized springs. The main engine was badly damaged and the vessel
was crippled and was repaired at considerable expense. The defendants counterclaimed that the
equipment supplied by the plaintiffs for the engine of their ship was not fit for the purpose and
was not of merchantable quality. The court held that the defendants relied entirely on the
plaintiffs to supply the NTP which could be used with the engine on the ship. Section 14(3) of
the UK Sale of Goods Act 1979 (which is materially the same as section 16(1)(a) of the
Malaysian SOGA 1957) provides that where the seller sell goods in the course of a business and
the buyer, expressly or by implication, makes known to the seller any particular purpose for
which the goods are being bought, there is an implied condition that the goods supplied under the
contract are reasonably fit for that purpose, except where the circumstances show that the buyer
does not rely, or that it is unreasonable for him to rely, on the skill and judgment of the seller.
There is an implied condition that the goods are supplied under the contract are of merchantable
quality, except that there is no condition as regards defects specifically drawn to the buyer’s
attention before the contract is made; or if the buyer examines the goods before the contract is
made, as regards defects which that examination ought to reveal.
Decision
As the plaintiffs in this case are both the sellers and manufacturers of the NTP supplied to the
defendants, they are liable to the defendants both in contract for breach of contract and in tort for
negligence in the manufacture of the NTP.
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Goods must be of Merchantable Quality (The freezer of the refrigerator did not produce
any ice)
Generally, merchantable quality means the goods sold are fit for the particular use to which they
were sold. If they are defective for the purpose, they are unmerchantable.
Sample case
David Jones v Willis
For example, a pair of shoes whose heels came off on the third occasion was held
unmerchantable in David Jones v Willis. Basically, the test of „merchantable quality‟ needs to be
examined in relation to the description of the goods sold. Having said that, it is important to
make reference to section 16(1)(b) of the SOGA. The section provides the other exception to the
general rule that there is no implied warranty or condition as to the quality or fitness for any
particular purpose of goods supplied under a contract of sale. In order to understand the
operation of this section, reference can further be made to the case of Reveex International S.A v
MacLaine Watson Trading (M) Sdn Bhd [14], where the plaintiffs sold various pharmaceutical
veterinary products to the defendants. The defendants did not honor the bill of exchange used to
pay for the goods. The plaintiffs claimed as holders in due course of the bill. The defendants
counterclaimed against the plaintiffs contending that the goods were not reasonably fit for the
purpose for which they were intended and were not merchantable, therefore breaching a
condition of the contract as statutorily implied by section 16 of the SOGA 1957.
Decision
The court ruled in favor of the defendants. In other words, the defendants succeeded in their
counter-claim.
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3. (a)MAKCIK KIAH Sdn Bhd (‘Makcik Kiah’) supplied 1000 batches of “ANTI-COVID”
Mask (‘Covid Batches’) to HEALTHY Sdn Bhd who is an agent for HOPKINS Hospital
based in Singapore. Subsequently, HEALTHY Sdn Bhd returned the COVID Batches back
to MAKCIK KIAH Sdn Bhd claiming that there was no agreement between them. Makcik
Kiah' argued that there was a Whatsapp confirmation from HEALTHY Sdn Bhd stating as
follows “Ok, Makcik, but we like to buy it for RM50,000 and not RM60,000 in your letter
dated 18 March 2020.” Carry out a proper research on the issue of whether there was a
valid and enforceable agreement between MAKCIK KIAH Sdn Bhd and HEALTHY Sdn
Bhd. Carry out your research findings by considering the main provisions as guided in the
Contracts Act 1950, with current case law support and any legal development in this area.

An agreement is a legitimately authoritative understanding. Each business should make contracts

one after another or another, and most organizations will make a lot of. An assembling business,
for instance, should make numerous agreements both to purchase its methods for creation and to
sell its completed item. Further agreements likely could be expected to utilize staff, or to
publicize, or to discard undesirable resources. When an agreement is made it is official on the
gatherings. They should adhere to what they have concurred or face the lawful results.

Acceptance (MakCik Kiah case)

When an offer is acknowledged, an agreement appears and the two sides are lawfully bound. An
acknowledgment can be made by words or lead. Except if the offer was of a one-sided contract,
the acknowledgment must be conveyed to the offeror and the agreement isn't finished until this
correspondence is gotten. This significant guideline is obviously shown by the accompanying
case.

Entores Ltd v Miles Far East Corporation [1955] 2 QB 327 (Court of Appeal) – Sample
case
The claimants, in London, telexed an offer to purchase copper cathodes to the defendants in
Holland. The defendants telexed acceptance back to London. Later, when sued for breach of
contract in England, the defendants argued that the contract was not made in England and was
not therefore within the jurisdiction of the English courts. The defendants claimed that the
acceptance was effective as soon as it was typed out on the telex machine in Holland and that
the contract was therefore made in Holland. The claimants argued that the acceptance was not
effective until it was printed out in London, and that the contract was therefore made in
England. Held. English law applied. Where a contract is made by instantaneous communication
the contract is complete only when the acceptance is received by the offeror.
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Lord Denning: ‘Suppose, for instance, that I shout an offer to a man across a river or a
courtyard but I do not hear his reply because it is drowned by an aircraft flying overhead. There
is no contract at that moment. If he wishes to make a contract, he must wait until the aircraft is
gone and then shout back his acceptance so that I can hear what he says. Not till I have heard
his answer am I bound.
Decision
(i) Lord Denning likewise clarified that an acknowledgment by phone would not be successful
until it was heard by the offeror, however this was just the situation if the offeree realized that
the acknowledgment had not been heard. He recommended that if the offeror didn't make it
realized that he had not heard the acknowledgment then an agreement would appear on the
grounds that the offeror would be estopped (kept) from saying that he had not gotten the
message. He likewise imagined this would be the situation if the ink abandoned a printer getting
the acknowledgment and the offeror didn't request the message to be rehashed.
(ii) The decision in Entores was approved by the House of Lords in Brinkibon Ltd v Stahag
Stahl und Stahlwarenhandelsgesellschaft mbH [1983] 2 AC 34.
As an acknowledgment of an idea of a two-sided contract is just compelling when it is gotten, it
follows that the acknowledgment must appear as some positive activity. An individual can't
acknowledge an agreement by saying nothing and sitting idle, regardless of whether the offeror
has specified that acknowledgment ought to be made along these lines.

Possible remedies that MakCik Kiah may claim:

Damages is the fundamental cure accessible for a penetrate of agreement. It is a customary law
cure that can be asserted starting at directly by the guiltless party. The object of harms is
normally to place the harmed party into the equivalent monetary position he would have been in
had the agreement been appropriately performed. Once in a while harms are not a sufficient cure
and this is the place the fair cures, (for example, explicit execution and order) might be granted.
There are five remedies for breach of contract that possible for MakCik Kiah to claim:
 Rescission of contract
 Damages
 Specific Performance
 Injunction
 Quantum Meruit
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Rescission of contract

Under section 40 of contract law, rescission is said “when a party to a contract has refused to
perform, or disabled himself from performing, his promise in its entirety, the promisee may put
an end to the contract unless he has signified, by words or conduct, his acquiescence in its
continuance”. Any nonperformance contract of either party will entitle the other party to rescind
the contract. For example, in the case of:

Travelsight (M) Sdn Bhd & Anor v Atlas Corp Sdn Bhd [2003] 6 MLJ 658

Pursuant to a sale and purchase agreement dated 15 March 1996, the first plaintiff agreed to
purchase from the defendant a piece of property known as suite no: 1202, Tower No: B, Wisma
Pantai, Kuala Lumpur (hereinafter referred to as the said “property”) for the purchase price of
RM816,696 subject to the terms and conditions as contained in the sale and purchase agreement
(hereinafter referred to as the said “agreement”). Credit facilities were extended by the second
plaintiff – RHB Bank Berhad, to the first defendant and so, pursuant to a loan agreement cum
deed of assignment dated 6 December 1996 the first plaintiff had assigned all its rights to the
said agreement to the second plaintiff absolutely.

Damages

Section 74 of Contract Act 1950, an honest gathering may guarantee harms from the gathering in
break in regard of all penetrates of agreement. The harms might be ostensible or significant.
Ostensible harms are granted where the honest party has endured no misfortune because of the
other's penetrate and generous harms are granted as money related pay for misfortune endured
because of the other party's break. For a guiltless gathering to get significant harms he should
show that he has endured misfortune because of the break (remoteness) and the measure of his
misfortune (measure). It is up to the gathering in penetrate to contend that the guiltless party has
neglected to moderate his misfortune. This is a fair cure conceded at the court's caution.

Specific performance

Specific performance is an optional cure conceded by the court, and it is under the Specific
Relief Act 1950. It is an announcement by the court to constrain a gathering to play out his
legally binding commitments. It is normally just arranged where harms are not a satisfactory cure
It is a general guideline that particular execution won't be requested if the agreement requires
execution or steady supervision over some stretch of time and the commitments in the agreement
are not obviously characterized. Explicit execution is regularly requested comparable to building
contracts on the grounds that the agreement manages results instead of the carrying on of an
action over some undefined time frame and it for the most part characterizes the work to be
finished with assurance.
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Injunction

Injunction is characterized under Part III of the Specific Relief Act 1950 as 'Preventive Relief'. It
is an evenhanded cure and along these lines just allowed at the tact of the court. It is granted in
conditions where harms would not be a satisfactory solution for remunerate the inquirer in light
of the fact that the petitioner needs to control the respondent from beginning or proceeding with
a break of a negative legally binding endeavor (prohibitory order) or needs to urge execution of a
positive authoritative commitment (obligatory directive). In practicing its watchfulness, the court
will consider indistinguishable variables from above for explicit execution and will utilize the
equalization of accommodation test (gauging the advantage to the harmed party and the
disservice to the next gathering). A directive won't be conceded if its impact is propelling a
gathering to accomplish something which he was unable to have been requested to do by an
announcement of explicit execution.

Quasi-Meruit

It makes commitments at custom-based law, particular from commitments under an agreement. It

is a zone of law in its own right. Semi legally binding cures are some of the time accessible
either as an option in contrast to a solution for break of agreement or where there is no solution
for penetrate of agreement.
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3. (b)In your research finding, include a clear proposal discussion whether it is a good
decision for Makcik Kiah to convert her company status to a Partnership and a Limited
Liability Partnership (‘LLP’). In your finding, examine the main differences between a
Partnership and a Limited Liability Partnership (‘LLP’) and express your professional
opinion, which is a better legal set up in doing business? Is there any business advantage,
strength, and disadvantages in setting up LLP based on the current business environment
and business implication of COVID-19?

Limited Liability Partnerships are frequently alluded to in their condensed structure as LLP's.
LLP's were presented in 2000 by the Partnerships Act 2000 to furnish associations with the
restricted obligation beforehand just accessible to organizations. The LLP arrangement is well
known when a 'proficient association' might want the advantage of secured risk. This is
especially fit to bookkeepers, specialists, designers, advisors, surveyors and different fields of
aptitude where an association is wanted to a constrained organization. LLP's might be
appropriate when the accomplices are individuals from establishment or individual income are
plainly characterized and not just added to one pot and dispersed by profit. Inside a LLP the
profit of the individuals is regularly observed as close to home salary.

Benefits of an LLP

There are numerous benefits to be had from trading through an LLP:

 Limited liability shields the part's very own benefits from the liabilities of the business.
LLP's are a different legitimate substance to the individuals.
 Flexibility. The activity of the organization and dispersion of benefits is dictated by
composed understanding between the individuals. This may take into account more
noteworthy adaptability in the administration of the business.
 The LLP is esteemed to be a legitimate individual. It can purchase, lease, rent, own
property, utilize staff, go into contracts, and be considered responsible if vital.
 Corporate ownership. LLP's can delegate two organizations as individuals from the LLP.
In a LTD organization in any event one chief must be a genuine individual.
 Designate and non-assign individuals. You can work the LLP with various degrees of
enrollment.
 Protecting the association name. By enrolling the LLP at Companies House, you keep
another organization or organization from enlisting a similar name.
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Disadvantages of an LLP
Similarly, as with all configurations of business there will be inconveniences just as preferences.
The next might be viewed as disadvantageous at times.
 Public divulgence is the principle burden of an LLP. Money related records must be
submitted to Companies House for the open record. The records may proclaim pay of the
individuals which they may not wish to be made open.
 Income is close to home salary and is burdened likewise. There might be charge points of
interest in enrolling as an organization, yet this will rely upon your own conditions.
 Profit can't be held similarly as an organization constrained by shares. This implies all
earned benefit is successfully dispersed with no adaptability to hold over benefit to a
future assessment year.
 An LLP must have at any rate two individuals. In the event that one part decides to leave
the organization the LLP may must be broken up.
 Residential addresses were verifiably recorded at Companies House. While the utilization
of 'administration tends to presently takes into consideration places of residence to be
kept out of general visibility, any location recently provided to Companies House is still
piece of the open record except if you pay for the records to be stifled. For some
organizations this isn't an issue. Be that as it may, there are a few models where this may
not be wanted. Consider specialists and accomplices of law offices that may not need
their personal residence so openly accessible if their work includes delicate cases.
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3. (c) Recently, Great Vaccine Inc was in discussion with Makcik Kiah Sdn Bhd on a
project to sell a consignment of telecommunication and IT related components to Makcik
Kiah Sdn Bhd. There were several emails and letters exchanged between both companies.
One month later, Great Vaccine Inc. sent a consignment worth RM10 million to Makcik
Kiah Sdn Bhd. Now, Makcik Kiah Sdn Bhd refused to make payment claiming that there
was no acceptance from the company. Great Vaccine Inc argued that there was an
agreement based on a letter "Ok, bro, let’s do it at RM10 million and since we are good
clients, can you give us RM9 million?” Based on the above, advise both the parties whether
there was a valid offer and acceptance?

OFFER
Dealing starts with an offer. An offer is a genuine issue since it allows the other party to make an
agreement by tolerating. An offer is a demonstration or an explanation that proposes clear terms
and allows the other party to make an agreement by tolerating those terms.
The individual who makes an offer is the offeror. The individual to whom he makes that offer is
the offeree. The terms are irritating yet certain in light of the fact that, similar to bind s, all courts
use them. In most agreement arrangements, two gatherings deal to and for, possibly for a
considerable length of time, maybe for quite a long time. Each may make a few offers, deny a
few recommendations, propose counteroffers, etc. For our motivations, the offeror remains the
person who made the main offer.
Facts (case law): Sample
Carlill v The Carbolic Smoke Ball Company [1893] 1 QB 525 (Court of Appeal) A Newspaper
advert placed by the defendant stated: - £100 reward will be paid by the Carbolic Smoke Ball
Company to any person who contracts the influenza after having used the ball three times daily
for two weeks according to the printed directions supplied with each ball. £1000 is deposited
with the Alliance Bank, shewing our sincerity in the matter. Mrs. Carlill purchased some smoke
balls and used them according to the directions and caught flu. She sought to claim the stated
£100 reward. The defendant raised the following arguments to demonstrate the advertisement
was a mere invitation to treat rather than an offer:
1. The advert was a sales puff and lacked intent to be an offer.
2. It is not possible to make an offer to the world.
3. There was no notification of acceptance.
4. The wording was too vague to constitute an offer since there was no stated time limit as to
catching the flu.
5. There was no consideration provided since the 'offer' did not specify that the user of the balls
must have purchased them.
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Held:
The Court of Appeal held that Mrs. Carlill was entitled to the reward as the advert constituted an
offer of a unilateral contract which she had accepted by performing the conditions stated in the
offer. The court rejected all the arguments put forward by the defendants for the following
reasons:
Decision:
1) The statement referring to the deposit of £1,000 demonstrated intent and therefore it was not a
mere sales puff.
2) It is quite possible to make an offer to the world.
3) In unilateral contracts there is no requirement that the offeree communicates an intention to
accept, since acceptance is through full performance.
4) Whilst there may be some ambiguity in the wording this was capable of being resolved by
applying a reasonable time limit or confining it to only those who caught flu whilst still using the
balls.
5) The defendants would have value in people using the balls even if they had not been
purchased by them directly.

My opinion for MakCik Kiah case:

There was no warning of acknowledgment. The wording was too ambiguous to even consider
constituting an idea since there was no expressed time limit as to getting this season's cold virus.
Negligible quiet can never add up to the offer being acknowledged. Acknowledgment must be
conveyed to the offeror whether it is communicated, or suggested. The proposition must be
acknowledged inside as far as possible given by the offeror. On the off chance that no such time
limit is recommended, at that point it must be acknowledged inside a sensible time or before the
offer breaches. Presently a sensible time has no definition in law, it will rely altogether upon the
circumstance, conditions, and the standard standards.
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3. (d) Due to the Covid-19 situation in 2020, the business was bad for Makcik Kiah and
hence, she decided to terminate the employment of Mr. Mah Las who was performing quite
well as a top performer in sales volume achievement for March 2020. Mr. Mah Las is very
upset. Perform a research into his available rights under the Industrial Relations Act 1967
and all possible remedy. Include at least 5 case decisions as support.

The Industrial Relations Act 1967 In 1967, the Industrial Relations Act 1967 was established
whereby mandatory mediation was presented for exchange debates all enterprises. The Industrial
Court has the purview on the work questions which includes the business, representatives and
worker's guilds.
The Industrial Relations Act 1967
 Providing a framework which will support modern amicability
 Applicable all through Malaysia and accommodates the guideline of relations among
managers and laborers or representative and their worker's guild and the counteraction
and settlement of exchange questions.
 Emphasizes on direct exchange among managers and laborers or representatives and their
worker's guilds to settle their disparities and to control their aggregate relationship
 Protects the authentic privileges of managers and representatives and their worker's
guilds.
 Provides the methodology identifying with entries of cases for acknowledgment and
degree and portrayal of worker's organization and aggregate bartering
 Does not permit matters identifying with advancement, enrollment, excusal, move,
conservation, reestablishment and assignment of obligations and disallowance of strikes
and lockouts over any of these issues to be remembered for the proposition for aggregate
bartering
 The High Court can arrange a business to pay compensation in lieu of notice on the off
chance that it finds a worker has been unlawfully excused.
Employers have the right to punish an employee for misconduct. Penalties include:
 Warnings
 Demotion
 Suspension without pay
 Dismissal
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Case decision
MARIANA BINTI HASSAN (Claimant) v. BRITISH AMERICAN TOBACCO
(MALAYSIA) BERHAD
Case summary:
 Start work on 1st April 1990 as a data entry operator – attached to the helpdesk services.
 In 2001, the company decided to outsource its helpdesk services.
 On 22nd Feb 2001, the Employee Relations Manager, called the claimant.
 Claimant was given three documents namely the voluntary separation scheme,
employment separation scheme and a 3 months job contract.
 Was advised to resign her job by accepting the VSS offer, if refuse she would be
terminated with no compensation and would not be given an offer to work for another 3
months.
 Due to pressure she accepted VSS offer
 Company denies that the claimant had been dismissed, but company told claimant
voluntarily resigned by accepting of the VSS.
Issue:
 Whether there was a mutual termination of employment by the parties.
 Whether the claimant acceptance of the VSS was voluntary.

Solution:
 Company must show that the consequent retrenchment.
 Due to section 20 of the Industrial Relations Act 1967 which requires the court to
consider whether the dismissal was with just cause or excuse.
 Court has generally adopted Code of Conduct for 7 Industrial Harmony 1975, in section
30(5A) of the Industrial Relations Act 1967.
 Claimant is awarded compensation.
 Court will award back wages for the period the claimant was unemployed subject to a
maximum of 24 months.
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Case decision
Nur Izzah Binti Saad And Cotton On (M) Sdn.Bhd
Summary:
 The 1st employee start working with the company on 6 June 2011 as the Manager In
Training with the basic salary of Rm2800, she was later promoted to a store manager.
 The 2nd employee start working on 14 DEC 2009 as manager in training with the basic
salary of Rm3000. Her position was changed to a second in charge.
 On the 20th July 2012, both of them was dismissed by the company and had charged by
the company and had charged on misconduct.

Issue:
 Employer must prove that the employee had committed the misconduct and for which she
had been dismissed.
 In the presence case, the company has failed to file any documents and on the hearing
date, the company representatives were absent and no witness.

Solution:
 The federal Court held that the Industrial Court is authorized to award monetary
compensation of the view that reinstatement is not appropriate.
 In computing compensation, the Claimant will be awarded as follows: Back wages and
compensation.
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Case decision
Co-operative Central Bank limited v Wong Pot Heng
Summary:
 A senior manager in a local bank claimed constructive dismissal. First, his job was
changed from General manager to Executive Advisor which is less prestigious title.
 He was removed from all the committee’s ha head previously sat on. He was a given a
new office, half the size of the previous one.
 The final indignity was when his Mercedes Benz was replaced with a Volvo which had
been used by his subordinate.
Issue:
 Employee’s services is terminated
 Employee makes claim for reinstatement at Department of Industrial Relations (IR)
 Department of IR holds conciliation meeting
 Report to the Minister

Solution:
 The employee wants reinstatements- can claim his job back, with no loss of benefits and
also can receive back wages from the time of dismissal.
 The employee does not reinstatement but wants monetary compensation.
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