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LAW439 Commercial Law UITM Assignment Answers Malaysia

In LAW439 Commercial Law in Malaysia, students will be introduced to the Malaysian legal system with a focus on commercial law. The course will cover a range of topics including contract law, business organizations, equity and trusts, consumer protection, and intellectual property. Students will have the opportunity to develop their legal research and writing skills, as well as their critical thinking and problem-solving abilities.

By the end of the course, students should have a good understanding of the principles of Malaysian commercial law and be able to apply them to various legal problems.

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Assignment Task 1: To outline the basic legal requirements of commercial law in Malaysia.

In Malaysia, commercial law is governed by the Companies Act 1965, the Partnership Act 1961, the Contracts Act 1950, the Sale of Goods Act 1957, and the Consumer Protection Act 1999.

  • The Companies Act 1965 governs the formation, registration, and operation of companies in Malaysia. The act sets out the requirements for forming a company, including the minimum number of directors, shareholders, and secretaries; the rules for holding meetings; and the procedures for issuing shares.
  • The Partnership Act 1961 governs partnerships in Malaysia. The act sets out the rules for forming a partnership, including the minimum number of partners and the liability of each partner.
  • The Contracts Act 1950 governs contracts in Malaysia. The act sets out the rules for forming a contract, including the offer and acceptance of the contract, the consideration, and the capacity to enter into a contract.
  • The Sale of Goods Act 1957 governs the sale of goods in Malaysia. The act sets out the rules for the sale of goods, including the transfer of ownership, the delivery of goods, and the payment of the price.
  • The Consumer Protection Act 1999 protects consumers in Malaysia from unfair practices by traders. The act prohibits unfair contract terms, misleading or deceptive conduct, and unconscionable conduct. The act also provides for the establishment of consumer protection tribunals to resolve disputes between consumers and traders.

These are the basic legal requirements of commercial law in Malaysia.

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Assignment Task 2: To apply the legal principles in solving relevant problems relating to commercial law transactions.

When entering into a commercial law transaction, it is important to be aware of the various legal principles that apply. These principles include the principle of freedom of contract, the principle of good faith, the principle of fairness and reasonableness, and the principle of unconscionability.

  • The principle of freedom of contract is the principle that parties to a contract are free to choose the terms of the contract. This principle is subject to certain limitations, such as the requirement of good faith, fairness and reasonableness, and unconscionability.
  • The principle of good faith is the principle that parties to a contract must act in good faith in the performance of the contract. This principle requires parties to disclose all material information, refrain from misrepresenting or concealing information, and act fairly and reasonably.
  • The principle of fairness and reasonableness is the principle that the terms of a contract must be fair and reasonable. This principle is relevant to the interpretation of contracts and the enforcement of contracts.
  • The principle of unconscionability is the principle that a contract may be void if it is unfair or unreasonable. This principle is relevant to the formation of contracts and the enforcement of contracts.

These are some of the legal principles that apply to commercial law transactions. When entering into a commercial law transaction, it is important to be aware of these principles and how they may affect the contract.

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