Faculty of Business, Economics & Accounting

Department of Business Studies

@ SUBANG 2

HELP Diploma in Business

INTERNAL SUBJECT DETAILS

Semester 3, 2020

Subject: D2LAW110
Business Law

Subject Lecturer/Tutor: Mr. R. Paneir Selvam

Telephone 03-2716 2000
Fax: 03-2093 5311
Email: [email protected]

Consultation: Please call or email for appointment

PRE-REQUISITE(S)

DIP1SSK04 ELEMENTARY LAW

SYNOPSIS

This subject is designed to provide a sound knowledge of the core elements of Malaysian
Business law. The subject commences with a review of the important components of the
Malaysian Legal System in comparison with the Australian and English Legal System, the
judicial process and the means by which the disputes are resolved or litigated. While the
subject concentrates on civil aspects mainly commercial, contract and torts, other areas of
importance are also dealt with.

OBJECTIVES

Upon completion of this subject, students should be able to:

 identify and explain the key features of the Malaysian Legal System and compare it with
the Australian and English Legal System, in particular, the main sources of law, the
court system and the administration of justice;

 demonstrate an understanding of the rules and presumptions used by the courts in

interpreting statutes; outline the process of litigation and describe alternate methods of
resolving disputes;

 demonstrate an in depth understanding of the principles of the Law of Contract, Law of

Tort, Business Entities, Intellectual Property and Consumer Laws;

 explain the main aspects of Hire Purchase, including formation of hire purchase
agreements, implied terms, misrepresentation, rights and liabilities of the hirer,
procedures for repossession and rights of the hirer if goods repossessed;

 explain the rules of Agency as they apply to sole traders, partnerships and companies;

 apply those laws to factual situations and coming to reasonable conclusions, and

 discuss legal topics in a confident manner and possess good analytical skills.

TOPICS

Topic 1 Introduction to Law and the Malaysian Legal System

Topic 2 The Judicial System in Malaysia

Topic 3 A Comparative Study of the Malaysian, Australian and English Legal System

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Topic 4 Law of Contract

Topic 5 Law of Tort

Topic 6 Sale of Goods

Topic 7 Law of Agency

Topic 8 Consumer Protection Act 1999

Topic 9 Business Organisation I – Starting and Financing a Business

Topic 10 Business Organisation II – Owning and Managing a Business and

Experiencing Financial Difficulty

Topic 11 Hire Purchase

Topic 12 Intellectual Property

PRESCRIBED TEXTBOOK

Lee Mei Pheng and Ivan Jeron. Detta (2018), Business Law, Oxford University Press, (3rd
edition).

RECOMMENDED REFERENCES

Beatrix, V. & Wu, M.A., The Commercial Law of Malaysia, 2nd ed. Pearson Education,
(2005);

Adnan Trakic, Nagiah Ramasamy, Cheah You Sum, Paul Linus Andrews, Sri Bala
Murugan, P Vijayganesh, and Kanchana Chandran, Law for Business, Sweet & Maxwell
Asia (Thomson Reuters), Malaysia, (2014);

Nurdianawati, I.A., Siti Salwa Razali, Zuhairah, A.A.G., Malaysian Business Law,
Pearson, (2011).

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Subject Outline/ Teaching Plan

Department : Business Studies Subject Code : D2LAW 110

Lecturer : Mr. Paneir Subject Title : Business Law

Week Topics References

1 Introduction to Law and the Malaysian Legal Chapter 1& 2 (LMP)
System
2 The Judicial System in Malaysia Chapter 3 (LMP)

3 A Comparative Study of the Mal, Australia and Chapter 3 (LMP)

English System
4 Law of Contract Chapter 4(LMP)
5 Law of Tort Chapter 5 (LMP)
6 Sale of Goods Act Chapter 9 (LMP)
7 Law of Agency Chapter 11 (LMP)
8 Mid Semester Test
9 Consumer Protection Act 1999 Chapter 10 (LMP)
10 Business Organisations I Chapter 12 (LMP)
11 Business Organisations II Chapter 12 (LMP)
12 Hire Purchase Chapter 10 (LMP)
13 Intellectual Property Chapter 18 (LMP)
14 Revision All chapter
15& 16 Examination Week 25/4/2020-9/5/2020

Textbook:

Lee Mei Pheng and Ivan Jeron, Delta, (2018) Business Law, Oxford University Press,
(3rd edition)

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ASSESSMENTS

There are 3 assessment items for this subject.

Assessment Items Value Due Date

1. Mid Term Test (Take Home) 30% 10 – 17 October 2020

2. Assignment 30% Week 10

3. Final Assessment 40% Examination period: 28 November –

Take Home Examination 12 December 2020**

REQUIREMENTS

To gain a pass in this subject, students must:

 Attempt ALL areas of assessment; and achieve a total result of 50% or better overall.

** - Please check on the notice board and My Acel for the actual date. HELP
University reserves the right to make any changes to the above where appropriate.

EXTENSIONS AND PENALTIES FOR LATE SUBMISSIONS

If you are having difficulty in completing work in time due to illness or *extenuating
circumstances, you may apply for an extension through your lecturer with supporting
documentations eg. medical certificate, police report etc. Applications for extensions on
or after the due date of the assessment will not be considered. A deduction of 10% per
day from the marks awarded after the due date applies, if the piece of work is
submitted late without approved extension.
*Extenuating circumstances should primarily mean, medical conditions (both physiological and
psychological), family issues (death or illness), and personal misfortune (accident, mugging, theft). Student
should provide document proof for all of the above and should also obtain prior approval from the examiner
towards late submission

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Assessment Details

Prepared by Mr. Paneir

D2LAW 110
Business Law

Assignment
INSTRUCTIONS:

The following piece of work contributes to thirty (30) percent of the final marks for the
subject of Business Law. The answer must be in no more than 5,000 words and must be
word processed. All work must include footnotes (or endnotes) and a bibliography.
Special attention is drawn to the following:

1. All coursework must be submitted by the dates given in the course outline
content.
2. Your answer must be based on Malaysia Law and/or English Common
Law
3. Any coursework SUBMITTED AFTER THIS TIME WILL NOT
BE ACCEPTED FOR ASSESSMENT PURPOSES (see student
handbook for further details).
4. All answers must clearly state student’s name and student’s number.
5. ANY ATTEMPT TO PLAGIARISE WILL BE PENALISED.
(Please read student handbook for guidance).

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Question 1

Discuss two (2) implied terms in the Consumer Protection Act 1999. [40 marks]

Question 2

Daren was a former director of Mini Sdn Bhd, a company involved with import and export
of luxury car. Being a director he had access to all important data including client details.
While he was a director, he signed a covenant which prohibit him from soliciting client of
that company. Daren resigned from his directorship and form his own company called
Rover Sdn Bhd. After several months his business slow down and he come out with an
idea to take client from his former company. Mini Sdn Bhd found about this and plan to sue
Rover Sdn Bhd. Advise Mini Sdn Bhd on whether they can sue Rover Sdn Bhd.
[60 marks]

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 ALLOCATED
ASSESSMENT CRITERIA MARKS RECEIVED
Introduction
Introduction & Outline of assignment 5
Ideas/Content
Assigned question(s) answered 10
Effective coverage of key legal concepts, relevant law and 10
cases
Demonstrated thorough understanding of core issue and able 15
to relate legal theory with case law
Examination of terms, ideas and case law provided 20
Conclusion/Recommendation
Sums up the main points & Draws relevant law and case law 10
Research and Referencing
References (other than prescribed text and course materials) 10
Appropriate use of prescribed referencing format (citation
and referencing)
Presentation/Style
Use of appropriate presentation skills 5
Use of academic English 5
Creativity in presentation 5
Logical, easy to understand structure 5
TOTAL 100

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 Assignment No.: __

Assignment Cover Sheet

Student Information (For group assignment, please state names of
Grade/Marks
all members)
Name ID

Office
Module/Subject Information
Acknowledgement
Module/Subject Code

Module/Subject Name

Lecturer/Tutor/Facilitator

Due Date

Assignment Title/Topic

Intake (where applicable)

Word Count Date/Time

Declaration

. I/We have read and understood the Programme Handbook that explains on plagiarism, and I/we testify
that, unless otherwise acknowledged, the work submitted herein is entirely my/our own.
. I/We declare that no part of this assignment has been written for me/us by any other person(s) except
where such collaboration has been authorized by the lecturer concerned.
. I/We authorize the University to test any work submitted by me/us, using text comparison software, for
instances of plagiarism. I/We understand this will involve the University or its contractors copying my/our
work and storing it on a database to be used in future to test work submitted by others.

Note:1) The attachment of this statement on any electronically submitted assignments will be deemed to
have the same authority as a signed statement.
2) The Group Leader signs the declaration on behalf of all members.

Signature: Date:

mail:

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 Feedback/Comments*
Main Strengths

Main Weaknesses

Suggestions for improvement

Student acknowledge feedback/comments

Grader’s signature Student’s signature:

Date: Date:

Note:
1)A soft and hard copy of the assignment shall be submitted.
2)The signed copy of the assignment cover sheet shall be retained by the marker.
3)If the Turnitin report is required, students have to submit it with the assignment. However, departments may allow
students up to THREE (3) working days after submission of the assignment to submit the Turnitin report. The
assignment shall only be marked upon the submission of the Turnitin report.
*Use additional sheets if required.

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 Department of Business Studies

ACADEMIC INTEGRITY

Honesty and Responsibility

Academic integrity is an important tenet for HELP University. In pursuit of the highest
standards of academic integrity, the Department of Business Studies holds it students to the
highest ethical standards defined by the Rules and Regulations section of the Academic
Handbook. All students at the Department of Business Studies are subjected to and are
bound by the Student Academic Misconduct Rule to assure academic honesty. Students are
required to sign a pledge on the assignment cover sheet before submitting your
assignments to the Department of Business Studies.

What is Plagiarism?
Plagiarism is academic dishonesty or academic theft, and it is a serious academic offence.
Plagiarism includes, but is not limited to, the followings:
1. quote, paraphrase or summarize someone else’s ideas, theories or data, in whole or
in part, without appropriate acknowledgement
2. borrow ideas, opinion or words, in whole or in part, from other sources without
properly crediting the author(s)
3. use any facts, statistics, diagrams or graphs, in whole or in part, without
acknowledging the source clearly
4. claim or imply original authorship of someone else’s ideas, theories or data, in whole
or in part, as your own
5. employ or allow someone to help to revise, amend or write your work and pass off
as your own original work
6. collaborate with or allow other students to copy your work
7. draw on sources more than what you have acknowledged by citations

While a student is not discouraged to discuss an assignment with his/her friends or

classmates, the work he/she submits must be done by the student alone. If a student shares
his/her assignment with other students and they plagiarize it, the student is as guilty as
those students who plagiarized his/her assignment. All parties to plagiarism are considered
equally guilty. Under no circumstances should a student be involved in collusion with other
students unless he/she is permitted to work on an assignment jointly by the lecturer/tutor. If
a student is unsure what constitutes plagiarism, he/she is obliged to consult the
lecturer/tutor on the matter before submission of his/her assignment.

When and How to Reference?

Knowing when and how to cite is a student’s responsibility. If he/she is in doubt or need
more help on this matter, the student may consult the lecturer/tutor. The following list
comprises some of the sources a student will need to reference. The list is by no means
exhaustive, but simply consists of the most common sources used by students to complete
their work.
1. Books
2. Chapters in books

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 3. Journal articles
4. Conference papers
5. Newspaper articles
6. Magazines
7. Websites
8. Study guide

Students are advised to cite in the following cases [1]:

1. When he/she quotes two or more words verbatim, or even one word if it is used in
a way that is unique to the source
2. When he/she introduce facts that he/she have found in a source
3. When he/she paraphrase or summarize ideas, interpretations, or conclusions that
he/she find in a source
4. When he/she introduce information that is not common knowledge or that may be
considered common knowledge in your field, but the reader may not know it
5. When he/she borrow the plan or structure of a larger section of a source’s
argument (for example, using a theory from a source and analyzing the same three
case studies that the source uses)
6. When he/she build on another’s method found either in a source or from
collaborative work in a lab
7. When he/she build on another’s program in writing computer code or on a not-
commonly-known algorithm
8. When he/she collaborate with others in producing knowledge

In general, a referencing system requires two parts:

1. In-text citations
This is information about a source within the text of an assignment.
2. List of references
This is a list of all sources a student has used to research his/her assignment. It is
alphabetically arranged by author surname and appears immediately after the last
page of an assignment.

Different faculties or departments may have different requirement on how referencing for
an assignment should be done. The various formats used for in-text citations and list of
references are available in the following websites:
1. Harvard System (http://www.adelaide.edu.au/library/guide/gen/harvard.html)
2. Chicago Style (http://www.chicagomanualofstyle.org/index.html)
3. American Psychological Association or APA Style (http://www.apastyle.org)
4. Modern Language Association of America or MLA Style (http://www.mla.org)

Once a student has selected a referencing style for his/her assignment, he/she must follow
the same style consistently throughout the assignment. We strongly suggest that the student
consults the lecturer/tutor about which method to use before submission of his/her
assignment.

1http://www.yale.edu/bass/writing/sources/plagiarism/warning.html, accessed May 18, 2008.

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What are the Procedures and Penalties for Plagiarism?
When a lecturer/tutor encounters a possible case of plagiarism, the lecturer/tutor shall
report the matter to the Head of the Department, who then initiates an investigation on the
matter. The following procedures would be carried out:
1. The lecturer/tutor shall provide evidence that substantiates an academic offence has
occurred. The following documentations must be ready prior to reporting of alleged
plagiarism:
a. Copy of the alleged plagiarized assignment
b. Copy of the source material (e.g. articles, websites, newspaper, etc.)
c. Report of plagiarism
d. Any other information that would support the claim of plagiarism
2. If the evidence warrants an accusation of academic offence, the Head of
Department shall establish a Board of Inquiry comprising 3 academic staff. The
Department shall provide all necessary documentations, including report on prior
academic offences if applicable, to the Board of Inquiry.
3. The Board of Inquiry shall put the matter to the student in writing and give him/her
an opportunity to respond to the accusation within 3 working days.
4. The student will be required to attend a meeting with the Board of Inquiry. After
meeting the student, the Board of Inquiry shall decide whether or not the alleged
plagiarism has occurred. The following documentations shall be submitted to the
Head of Department at the end of the meeting:
a. Findings of the investigation
b. Recommended action(s) to be taken or imposed
5. The Head of Department shall review the Board of Inquiry’s report with supporting
evidence and shall decide on an appropriate action(s) based on the recommendation
of the Board of Inquiry.
6. The decision of the Head of Department shall be put in writing to the student. Copies
of all documentations will be retained in the Department.
7. If the student feels that he/she has been unfairly accused or treated, the student may
appeal to the Head of Department within 5 working days.
8. The Head of Department shall review the appeal and the final decision will be
communicated to the student in writing and a copy will be kept with the
Department. Once a determination of plagiarism and penalty has been made by
the Head of Department, the investigative process will be deemed to have ended
and the student will not be allowed to appeal.

Possible penalties for plagiarism range from mark reduction for the assignment to
expulsion from the University. The student will not be allowed to make up the
assignment. If plagiarism has been found to have occurred, the Department will
take action(s) as determined by the forms of plagiarism implicated:

1. Complete plagiarism
Verbatim copying another person’s work without acknowledgement
1st offence : A grade of “F” in the subject and a warning letter will be issued
2nd offence : Expulsion from the University at the discretion of the Head of
Department
2. Substantial plagiarism
Near-verbatim copying another person’s work by simply altering the order of the
sentences or the format of presentation or by changing a few words or phrases
without acknowledgement.

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 1st offence : Zero mark on the assignment and a warning letter will be issued
2nd offence : A grade of “F” in the subject and a warning letter will be issued
3rd offence : Expulsion from the University at the discretion of the Head of
Department
3. Minimal plagiarism
Acknowledgement is made but paraphrasing by changing and/or eliminating some
words
1st offence : Deduction of 50% of available marks on the assignment and a
warning letter will be issued
2nd offence : A grade of “F” in the subject and a warning letter will be issued
3rd offence : Expulsion from the University at the discretion of the Head of
Department
4. Unintentional plagiarism
Insufficient acknowledgement by not applying citation or quotation marks correctly
1st offence : Deduction of up to 50% of available marks on the assignment
and a warning letter will be issued
2nd offence : A grade of “F” in the subject and a warning letter will be issued
3rd offence : Expulsion from the University at the discretion of the Head of
Department
Pleading ignorance or unintentional plagiarism does not constitute valid reasons for
plagiarism and will not avoid the penalties from being imposed. Excuses for acts of
plagiarism such as the following, but not limited to, will not be entertained:
1. I don’t have time to do the assignment
2. I have too many assignments due on the same day
3. I don’t know, I really didn’t do it
4. I am not aware
5. I don’t understand what plagiarism means
6. I have no intention to plagiarize
7. I forgot to cite the reference
8. I forgot to include the bibliography
9. My English is not good
10. My lecturer/tutor did not explain to me
11. In my country, it is alright to copy someone else’s work
12. My friend copied my assignment when I let him/her to look at my assignment
13. My friend copied my assignment when I allow him/her to use my laptop
14. I did my assignment in the computer lab, someone must have copied my work
15. I asked my friend to submit my assignment and he/she copied my work
16. I discussed my assignment with my friends, so our answers are the same/similar
17. Even though I do not have in-text citation but I have bibliography/reference list
Students should be reminded that it is their responsibilities to take due care throughout
their written work to effectively reference or cite when they use others’ ideas from any
source.

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