LAW438 Hospitality And Tourism Law Assignment Answer Malaysia
LAW438 Hospitality And Tourism Law examines the application of law in the hospitality and tourism industry in Malaysia. It covers various aspects of the industry, including accommodation, food, and beverage, transportation, recreation, and entertainment. The course also looks at the legal rights and duties of hospitality and tourism businesses, as well as the rights of consumers.
This course is designed to provide students with an understanding of the legal framework within which the hospitality and tourism industry operates in Malaysia. It will also equip students with the knowledge and skills necessary to identify and resolve legal problems that may arise in the course of their work in the industry.
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Assignment Brief 1: Describe the basic principles of the Malaysian Legal system, the Law of Contract, the Law of Tort, and laws governing the accommodation, travel, and food service industry that will be applicable in their discipline of studies.
The Malaysian legal system is based on the English common law system. The Federal Constitution is the supreme law of the land, and it provides for a dualist system, whereby international treaties are not automatically incorporated into domestic law unless they are specifically enacted into legislation by Parliament.
The Law of Contract is the body of law that governs the formation, performance, and enforcement of contracts. A contract is a legally binding agreement between two or more parties that creates obligations that each party is bound to uphold. The elements of a contract are offer, acceptance, consideration, and intention to create legal relations.
The Law of Tort is the body of law that deals with the compensation for losses that are caused by the wrongful acts of another. A tort is a civil wrong that can be committed by an individual, a business, or even the government. Torts can be either intentional or unintentional. The most common types of torts are negligence, battery, assault, defamation, and false imprisonment.
The laws governing the accommodation, travel, and food service industry in Malaysia are set out in the Tourism Act 1992, the Hotel Licensing Act 1976, the Travel Agents Act 1963, and the Malaysian Culinary Academy Act 1998. These laws aim to regulate the businesses operating in these industries and to protect the rights of consumers.
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Assignment Brief 2: Apply the relevant rules and principles of the Malaysian Legal System, Law of Contract, Law of Tort, and laws governing the accommodation, travel, and food service industry in solving any legal problems arising therein.
The Malaysian legal system is based on the English common law system. However, there are some differences between the two systems. For instance, in Malaysia, there is no jury system. Instead, cases are decided by a panel of judges. In addition, the Malaysian legal system recognizes the Sharia law system, which is used to adjudicate cases involving Muslim parties.
When it comes to contracts, the Law of Contract governs the formation and enforcement of contracts in Malaysia. This law is based on the English common law of contract, but there are some important differences. For instance, under Malaysian law, an agreement is not considered to be binding until it has been reduced to writing and signed by all parties. In addition, certain types of contracts must be registered in order to be enforceable.
The Law of Tort governs civil wrongs in Malaysia. This law is also based on the English common law of tort, but there are some important differences. For instance, under Malaysian law, there is no concept of strict liability. In addition, punitive damages are not available in Malaysia.
There are also a number of laws that govern the accommodation, travel, and food service industries in Malaysia. These laws are designed to protect consumers and ensure that businesses operate fairly and transparently. For instance, the Consumer Protection Act prohibits businesses from engaging in unfair or deceptive practices. The Competition Act prohibits businesses from entering into agreements that restrict competition or fix prices. And the Food Hygiene Regulations set out strict rules for food businesses operating in Malaysia.
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