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26/10/2015

Introduction to Business Law

Topic 1

Business law encompasses all of the laws that dictate how to


form and run a business how to start, buy, manage, close or
sell any business.

A savvy businessperson will be generally familiar with business


laws and know when to seek the advice of a licensed attorney.

Zahara Hamzah, Business Law (3/2015)

Classification of Law

Public Law

LAW

Public

International

Public law regulates the relationship between the citizen and the
State.

In a murder case where Azizul murdered Samdan, Azizul has


committed a crime which is against the State (Kings law). Public law
is divided into constitutional law, administrative law and criminal
law.

Private

Constitutional

Public

Property

Criminal

Private

Contract

Administrative

Tort

Constitutional Law defines the structure of government and the


right of individual under that government.

Administrative law regulates the duties and exercise of powers


by administrative authorities.

Criminal Law deals with acts or omissions which are offences


against the State and for which the offender is liable to be tried
and if found guilty, will be punished according to the law.

Zahara Hamzah, Business Law (3/2015)

Private Law

Zahara Hamzah, Business Law (3/2015)

International Law

Private law deals with the relation between a citizen and another aka civil law.

It includes contract, Family Law, Tort, Land Law and commercial law
in general.

Legal action may be commenced or initiated by individuals seeking


for damage or compensation - example where Azizul and Samdan
entered an agreement and Samdan breached the contract. Here
Azizul has a cause of action against Samdan. Azizul v Samdan.

Zahara Hamzah, Business Law (3/2015)

Includes Private and Public International Law.

Public international law deals with relationship between states


example: Border, territorial waters etc. (Dispute revolving ligitan
islands in Sabah).

Private International law is concerned with the application of various


national laws of the facts of a particular case involving two or more
countries example: system of law applicable to a marriage between
2 different nationals in a third country.

Zahara Hamzah, Business Law (3/2015)

26/10/2015

Sources of Law

Sources of Law

The word sources has several meanings which include


the following:

Written
Is

Historical

Sources factors that have influenced the


development of the law although they are not
recognized as law (religious beliefs, local customs, &
opinion of jurists).

the most important source of law.

Refers

to proportion of Malaysian law including:

Federal

and State Constitution

Legislation

enacted by Parliament and State

Assemblies

Legal

Sources legal rules that make up the law and


can be classified into written and unwritten.

Subsidiary

Legislation

Zahara Hamzah, Business Law (3/2015)

Zahara Hamzah, Business Law (3/2015)

Sources of Law

We depend upon the law to give us a stable


nation and economy, a fair society, a safe place
to live and work. But while law is a vital tool for
crafting the society we want, there are no easy
answers about how to create it. Legal rules
control us, yet we create them.

Unwritten
Doesnt
Not

mean that it is not written.

made by formal legislative bodies.

Sources

of unwritten law are:

English
Case

Law

Law

Customs

THANK YOU!

Zahara Hamzah, Business Law (3/2015)

Zahara Hamzah, Business Law (3/2015)