Mind

Map
For C HP 1
, 2 ,3
Prepared for : Madam Zaimah Zainal
Abidin
Prepared By : Mohd Faris Bin Mohd Fauzi
2022647618
 Sources Of Law Constitution: Fundamental document outlining the structure of the government,
rights of citizens, and distribution of powers.
Legislation: Laws enacted by Parliament.
Malaysian Legal Common Law: Legal principles derived from judicial decisions.

System Islamic Law: Applicable in certain states for matters like family law.
Customary Law: Practices and traditions of indigenous communities recognized by
Cou the legal system.
rt sy
stem
Federal Court: Highest court in Malaysia, hears appeals on constitutional and
civil matters.
Court of Appeal: Hears appeals from the High Courts and subordinate courts.
High Court: Original jurisdiction over serious criminal cases and major civil
cases.
Subordinate Courts: Includes Sessions Court and Magistrates' Court for lesser
criminal and civil matters.
Lega Syariah Courts: Handles matters related to Islamic law.
l Sys
tem

Rule of Law: Principle that all individuals and entities are subject to
and accountable under the law.
Separation of Powers: Division of governmental powers among
executive, legislative, and judicial branches.
Judicial Independence: Freedom of judges from interference or
influence by the executive or legislative branches.
 Legal Institution
Bar Council: Governing body for lawyers in Malaysia.
Judiciary: System of courts and judges responsible for interpreting and applying the
Malaysian Legal law.
Attorney General's Chambers: Legal advisor to the government and public
System prosecutor.
Spec
ial L
aws
Cou &
rt
Syariah Law: Pertains to matters governed by Islamic law, such as family and
inheritance.
Native Courts: Handle legal matters for indigenous communities based on
customary law.
Specialized Tribunals: Courts established to deal with specific types of disputes,
like labor or environmental issues.
Lega
l Pro
cess
es

Civil Procedure: Rules and processes governing civil litigation.

Criminal Procedure: Procedures followed during criminal trials and
appeals.
Appeals Process: Mechanisms for appealing decisions made by lower
courts.
 Land law Land Administration: Regulations governing land ownership and management.

Malaysian Legal Land Titles: Legal documents proving ownership or rights to land.

System Land Development: Rules and procedures for land use and development.

Hum
an R
i
Free ghts &
dom
Rights of Citizens: Protections afforded to individuals by law.

Protection of Minorities: Safeguards for marginalized groups.

Women's Rights: Legal protections and equality for women.

Con Indigenous Rights: Recognition and protection of indigenous peoples' rights.

stitu
Fram tional
eW
ork

Federal Constitution: Supreme law of the land, outlines powers and

rights.
Fundamental Liberties: Basic rights and freedoms guaranteed to
citizens.
Federal-State Relations: Allocation of powers between federal and
state governments.

Definition
& Promoting Safety: Encouraging
Purpose?
D : Civil wrongs causing harm or loss to
individuals or property, leading to legal
liability.
P: Compensating victims for harm suffered
and deterring wrongful conduct.
Protecting Individuals: Providing
recourse for harm suffered.
care and caution to prevent harm.
Fostering Accountability: Holding
wrongdoers responsible for their
actions.
Role of tort law
in society

Damages
Negligence: Failure to Compensatory Damages:
exercise reasonable Monetary compensation
care resulting in harm. for actual losses.
Intentional Torts: Punitive Damages:
Deliberate acts causing LAW OF TORT Additional damages to
harm, such as assault, punish the defendant for
battery, or defamation. egregious conduct and
Defenses to
Strict Liability: deter future wrongdoing.
Negligence
Liability without fault
for inherently
dangerous activities or
products.
Types Of Tort &
Intentional Torts
Elements Of it
Contributory Negligence:
Duty of Care: Legal obligation
Plaintiff's own negligence
to exercise reasonable care.
contributes to their harm.
Breach of Duty: Failure to
Comparative Negligence:
meet the standard of care. Assault and Battery: Threatened or Apportioning damages based on
Causation: Link between the actual physical harm. each party's degree of fault.
defendant's breach and the Trespass: Unauthorized entry onto Assumption of Risk: Plaintiff
plaintiff's harm. another's property. knowingly accepts the risks
Damages: Compensable harm Defamation: False statements harming a associated with an activity.
suffered by the plaintiff. person's reputation.
 What is
What is
needed to
contract? Offer
form one?
Offer,
“An agreement between two Acceptance,
Offer generally refer to a
parties who promise to Legality, willingness to do/not to do
give and receive something from Capacity, something.....offers are
each other, known as
Considerations, usually made with respect to
consideration, and who intend
Agreement, underlying
the agreement to be
Intentions to terms/conditions of an
legally binding”. agreement.
Law Of create legal
relations
Postal
Contract
Acceptance
5 Key Of Offer Rule
rules
Acceptance of an offer
1. An offer may be made to is final and once an This rule only applies
one or more parties offer is where post is held to be
2. Offers need not to be made accepted then the the
in writing contract is in most reasonable means
3. The offer must be existence and can only of communicating offer
communicated
be and
4. Revocation of an offer
5. Other ways of terminating
revoked if the parties acceptance,
an offer agree
 Writing is a form of evidence that an offer has been made but it is
Details not a requirement

• Therefore, oral offers and offers made by gestures (actions), are

Of Offer recognised
The offeree must be made aware of the offer
• The offer must be effectively communicated, so
Acceptance Must be communicated
that a contract can
be born
Communication can be orally or in writing and it can
also take the form of conduct (For example, in Carlill v
Carbolic Smoke Ball Co, the purchase of the remedy
was acceptance of the terms of the offer) Revocation of an offer refers to its
The offer can only be accepted by the offeree termination
2) The acceptance must be absolute and unqualified • However, an offer can only be revoked if the
3) Acceptance must be communicated to the offeror
4) Acceptance must generally be in the form that the
offer has not yet been
offeror specifies accepted
5) The offer must still be in existence when it is accepted

offer must be in existance

Acceptance Of Offer
Other ways to refuse offer
An offer ceases to exist once the time limit by which it Acceptance of an offer is final and once an offer is
has to be accepted lapses Refusal , Counter-offer, Lapse of time &
accepted then the contract is in existence and can only
Death
• Where no time limit has been set, the law assumes be
that the offer exists only for a “reasonable period of revoked if the parties agree
time” but not indefinitely
 Offer and Invitation To treat is not the same thing
Invitation An invitation to treat is essentially an invitation to someone to
make an offer. It is not an offer. This “invitation” or “offer” can either

To Treat be accepted or rejected by the offeree.

Case facts
The case of Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953), the court
ruled that the display of goods in Boots' self-service store was an invitation to treat, not a firm
offer to sell. This means that when customers picked up items from the shelves, it wasn't a
guarantee that they could buy them at that moment.
Instead, the display of goods was like an invitation for customers to make an offer to purchase
those items. The actual contract to buy the goods was formed when the customer brought the
selected items to the checkout counter and offered to pay for them. This distinction was
important because it clarified that the act of picking up items from the shelves didn't create a
binding agreement to purchase them. It was only when the customer made an offer to buy the
items at the checkout that a contract was formed between the customer and the store.