FACULTY OF ARCHITECTURE, PLANNING AND SURVEYING

DEPARTMENT OF BUILDING

BUILDING LAW
(BGN 352)

ASSIGNMENT 1

AP116 6A

PREPARED BY:
Name Student Id Group of Class
PUTERA MUHAMAD AIMAN BIN MAIZURIN 2018634706 AP116 6A
MUHAMMAD FAEZ BIN IBRAHIM 2018220632 AP116 6A
NURUL FARHAANA BINTI ROZDUAN 2018409136 AP116 6A
ALIEA NASREEN BINTI MUHAMMAD SHUKRI 2018433606 AP116 6A

PREPARED FOR:

SIR AZHAN BIN JALALUDIN

The judiciary which constitutes one of the branches of government on Malaysia consists of
courts and judges. Explain the composition and jurisdiction of the Subordinate Court in
Malaysia.

Answer :

The judicial system deals with the courts administrated in the country. For example, in
Malaysia there are many courts established each with their specific jurisdiction. The judicial
system such as hierarchy of courts, composition and jurisdiction of the civil courts and
composition and jurisdiction of courts of special jurisdiction. This figure shows the structure
of judicial system

THE JUDICIAL SYSTEM

COMPOSITION AND
COMPOSITION AND
HIERARCHY OF JURISDICTION OF THE
JURISDICTION OF
COURTS CIVIL COURTS
COURTS OF SPECIAL
JURISDICTION

SUPERIOR COURT SUBORDINATE COURTS

The Hierarchy of Courts in Malaysia

Next, the judiciary. According to article 121 of the federal constitution the judicial
power of the federation is took placed in the superior courts comprising of two high courts of
Coordinate jurisdiction which is namely the high court of Malaya and high court of Sabah and
Sarawak ,the court of appeal and the federal court. The details of the jurisdiction of the superior
courts is provided under the courts of judicature act 1964 (Act 91). Then, the Subordinate
Courts Act 1948 (Act 92), comprise of the Session courts, the Magistrates courts and the
Penghulu Courts. These courts are established for the administration of civil and criminal law.

Firstly, penghulu court. The Penghulu Courts establish only in East Malaysia. It is
headed by a penghulu appointed by the respective authority for a mukim or administrative
district where the penghulu resides. It has very limited original jurisdiction in both civil and
criminal matters. This jurisdiction is limited to proceedings in which all parties are persons of
an Asian race that speak and understand the Malay language only. For civil jurisdiction, the
Penghulu Court may hear proceedings in which to recover a debt or a liquidated claim with or
without interest for a sum not exceeding RM 50. In criminal jurisdiction, it may hear minor
offences which normally carry a small fine not exceeding RM 25.Nowadays, this court is no
longer used because of not updated and following the old rules

Secondly, magistrate court. The Magistrates Court deals with a vast majority of cases,
both civil and criminal and placed in almost all major towns in Malaysia. The Civil Jurisdiction
a magistrates Court may hear a civil case when the amount does not exceed, RM 25,000. Where
the amount claimed does not exceed RM 5,000, the claimant may wish to file his claim in the
‘small claims’ division of the Magistrates Court. If so, the claimant must be prepared to conduct
the case himself, as legal representation is not permitted. Next, for Criminal Jurisdiction the
magistrates Court may hear criminal matters where the offence is punishable by a fine only,
for example, traffic offences and where the offence provides for a term of imprisonment not
exceeding 10 years. A magistrate may not, however, impose a term of imprisonment exceeding
5 years.

Thirdly, sessions court. For Civil Jurisdiction, the Sessions Court may take any civil
matter involving motor vehicle accidents, disputes between landlord and tenant and distress
action. The Sessions Court may also hear other matters where the amount in dispute does not
exceed RM 250,000.00. Then, for Criminal Jurisdiction a sessions Court has jurisdiction to try
all criminal offences except those punishable by death.

All these courts have their own scope of job and position in subordinate court in Malaysia.
QUESTION 2

Hasnan is a parttime student of lnstitut Gemilang. Since he is working on a full time basis as a
mechanic, he promised to pay his wife, Zaira RM1,000 if she agreed to type his assignment.
Hasnan later refused to pay her the money and Zaira threatened to sue Hasnan for breaking his
promise. Explain to Zaira whether she can commence any legal action against her husband
under the law of contract.

Answer :

This being brought up because Zaira threatened to sue Hasnan for breaking his promise
to pay her to do Hasnan’s assignment. This is relevant to the law of Intention to create legal
relations. It is defined as an intention to enter a legally binding agreement or contract. Intention
to create legal relations is one of the necessary elements in formation of a contract. It is because,
intention to create legal relations consists of readiness of party to accept the legal sequences of
having entered into an agreement. Intention to create legal relations is a motion of every
contracting party, which every party must have the necessary intention to join into a legally
binding contract.

To follow that, the presumptions of social, domestic or family relations suits perfectly
to be considered whether she can take any legal actions against her husband. In term of general
rules of family or domestic relations, there is no presumption to be legally binding. If not, in
term of exception the presumptions are rebuttable. If there is no intention to create legal
relations, the contract would not be enforceable, legal and binding. It will means that, intention
to create a legal relation is one of the essential elements of contract. That’s why, if there are no
intention, the contract can be assumed as not legal. The contract may not be enforceable
because there are no intention at the beginning which not making contracting parties to be
legally binding.

For further information, there are cases just like this, for example, ReMcardle in year
1951. The occupants of a house carried out certain improvements during their tenancy, and
were offered payment in recompense by the owner. However, the owner died before doing so,
and his representatives refused to honour the promise. The courts supported the owner’s
representatives, because the tenants had not provided good consideration. Note that in this case
the tenants’ work was carried out at their own behest, and not at the request of the owner. Had
the owner explicitly requested the tenants to do the work, and then offered payment, the court
may have been able to use the doctrine of Implicit Assumpsit to incorporate the past work into
the agreement, and thereby deem it consideration.

That’s why, for the conclusion is whether Zaira take an action to pursue a legal action
against her husband will do nothing good to her and it will not change anything.
QUESTION 3

On 14 March 2021, Sally offered to sell her diamond bracelet to Rini and Mona for RM50,000.
The offer was valid until 25 March 2021 and whoever accepted the offer first would get the
diamond bracelet" Rini sent a text message to Sally on 16 March 2421 accepting to buy the
diamond bracelet for RM49,000. Later, Mona phoned Sally on 21 March 2A21 and agreed to
buy the diamond bracelet for RM50,000. Finally, Sally decided to sell the diamond bracelet to
Mona. Rini was furious when she heard about it. Explain to Rini whether she can take any legal
action against Sally under the law of contract.

Answer :

Sally is a promisor or offeror. Promisor or offeror means a person who makes a promise
or proposal or offer for something. Meanwhile, Rini and Mona are promisee or offeree, people
who accept promises or proposal or offers. Offer, as prescribed in the Section 2 (a) & (b) of
CA 1950 is a signification of willingness for an individual to become binding with another
under certain contract terms, and with the awareness of the intention of such offering shall
become contract as soon as acceptance are present.

Offers are categorized into two which is specific individuals and general public. For
certain categories of individuals, acceptance can only be made by the person involved and
cannot be applied to others. In addition, an offer to the general public means a valid acceptance
made by any person who knows of the offer and performs whatever obligations the offer calls
for. Acceptance is a statement of agreement to the conditions contained in an offer. With the
acceptance, then there is a legal contract.

However, Rini is not entitled to take legal action against Sally. Sally had offered both
of them to sell her diamond bracelet for RM50,000 whoever accepted the offer first would get
the diamond bracelet. In this case, Rini are held with sending a text message to Sally which she
clearly stating that “accepting to buy the diamond bracelet for RM49,000” on 16 March 2021.
Although, Rini had accepted the offer earlier than Mona, Rini had violated the main condition
given by Sally is to change the value of RM50,000 to RM49,000. It is clear that Rini has
reduced the value by RM1,000. In terms of contract law under the third element which is
counter-offer, it is not valid if the price rate is increased or decreased even the amount is 1 cent.
Counter-offer is other form of rejection of offer. The offeree introduces a new offer to offeror
and the counter-offer kills the original offer which is no longer be accepted. After making
a counter-offer, the original offeree becomes offeror and the original offeror becomes offeree.
When the terms were changed or altered, he made a new proposal by changing the vital terms.
It seems, the original offer has been rejected.

Based on Section 7 (a) of CA 1950, to convert an offer into a legally bind contract,
acceptance of offer must be present and it must be absolute, final and unqualified. Most notably,
in Section 7 (b) of CA 1950, acceptance of offer must be distinguished whether of a counter-
offer has been made. As it equally stand for the rejection of the initial offer and induces the
modification of initial’s offer prescribes manner, the alteration of such an offer are not just to
first offer, thus, acceptance can be revoke within a reasonable time or otherwise. Referring to
the case of Hyde v. Wrench [1840] 3 Beav 334 in respect of D (defendant) offered to sell a
piece of land to P (plaintiff) for £ 1000 on 6th of June. P then made a counter-offer to purchase
at £ 950 on 8th of June. However, D refused to accept the new price. P then immediately wrote
to D accepting the original offer of £ 1000 on 27th of June. The court had ruled that there was
no acceptance because the plaintiff’s letter on 8th of June had rejected the original offer and
not to be revived. Therefore, there was no valid contract. This case has been used as a reference
for the counter-offer case that happened to Sally, Rini and also Mona.

In conclusion, if Rini took any legal action against Sally under the law of contract, the
court found that there was no acceptance because Rini's acceptance on 16 March 2021 had
rejected the original offer and not to be revived. Thus, there was no valid contract. Therefore,
acceptance must be in accordance with the terms of the offer. If the person who is supposed to
make the acceptance changes or amends the terms mentioned in the offer, what exists is not an
acceptance but rather a counter-offer. If the acceptance is conditional, as long as the condition
is not implemented, a valid and legally contract does not yet exist. In terms of law, the contract
between Sally and Mona is valid. Based on instantaneous communication, Mona's acceptance
time does not exceed the main term of the contract which is on 25 March 2021. She responded
to Sally on 21 March 2021 through phone call and met all the conditions set at RM50,000
without reducing or increasing the price. So, the above is the reason why Rini does not have
the right to take any court action against Sally or Mona.