Consumer Protection

Consumer

A consumer is defined as any person who buys goods or uses service , and deserve to receive the quality and quantity that he/she has pain for it. Th legal definition for 'consumer' can be found in section 2(1) of the Consumer Protection Act 1999, which provides that a consumer is any person who acquires goods and service for personal or household use.

Consumer Protection Law

Consumer protection law or consumer law is considered an area of law that regulates private law relationship between individual consumers and the businesses that sell those good and services.

Example of Consumer Protection Law 

Donoghue Vs Stevenson [1932] AC 562

Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over the ice cream and a decomposed snail emerged from the bottle. Mrs Donoghue suffered personal injury as a result. She commenced a claim against the manufacturer of the ginger beer.

What are the Eight Basic Consumer Rights?

• choice 
- to be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality

• satisfaction of basic needs 
- to have access to basic and essential goods and services: adequate food, clothing, shelter, health care, education and sanitation. 

• safety 
- to be protected against products, production processes and services which are hazardous to health or life

• information 
- to be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling.

• be heard
- to have consumer interests represented in the making and execution of government policy, and in the development of products and services.

• redress
- to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services.

• consumer education
- to acquire knowledge and skills needed to make informed choices about goods and services, while being aware of basic rights and responsibilities. 

• a healthy environment
- to live and work in an environment that is non-threatening to the well being of present and future generations.

Civil Vs Criminal Cases

What is Civil Cases?

0. Civil cases usually involve private argument between persons or organisations. A civil case begins when a person or organisation, called the plaintiff. Plaintiff is a person who brings a case against another in a court of law. In these cases, a person or organisation ask a judge to settle a civil problem, such as a problem concerning and inheritance, a problem involving a contract or a family problem like divorce or custody of children.
   
   
   
   

   What is Criminal Cases?

   Criminal cases involve an action that is to be considered to be harmful to society. A person accused of a crime is generally charged in a formal accusation called an indictment. Most crimes and their punishments are described in the Criminal Code of Canada. Some crimes involve other people, including assault, murder, sexual assault and identify theft. Other than that drug possession and making fake money also in criminal law. 

   
   

   

   
   
   
   Differences between Civil and Criminal Cases 
   
   

   	Civil Cases	Criminal Cases
   Parties	Plaintiff brings case; defendant must answer or lose by default	Prosecutor brings case; defendant may remain silent
   Proof	Preponderance of evidence	Beyond a reasonable doubt
   Reason	To settle disputes peacefully, usually between private parties	To maintain order in society
   		To punish the most blameworthy
   		To deter serious wrongdoing
   Remedies	Money damages (legal remedy)	Fines, jail, and forfeitures
   	Injunctions (equitable remedy)
   	Specific performance (equity)

Introduction to Law

What is Business Law?

Business law deals with the creation of new businesses and the issues that arise as existing businesses interact with the public, other companies, and the government. Business law falls into two distinctive areas which are regulation of commercial entities by the laws of company, partnership, agency, and bankruptcy and the regulation of commercial transactions by the laws of contract and related fields. Business law is regulated by both state and federal law. The federal government primarily governs stocks and investments, workplace safety and employment laws, and environmental protections. In fact, business lawyers are often hired for the purpose of avoiding future litigation. 

Sources of Malaysia Law

The laws of Malaysia can be divided into two types of laws - written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation. Unwritten laws are laws which are not contained in any status and can be fund in case decisions. This also knowns as common law or case law. 

Written Law

1. The Federal Constitution 

• is a supreme law of the land
• for example - fundamental rights of the citizens
• the rights written in the Constitution can only be changed by two-thirds majority of the total number of the legislature members 

2. The State Constitution 

• applies to all States in the Federation, each state also processes it own constitution regulating the government of the state which is 13 states in Malaysia 
• this includes matters concerning The Ruler, The Executive Council, The Legislature, The Legislative Assembly, Financial Provisions, State Employees, and Amendments of The Constitution

3. Legislation

• refers to law enacted by a body constituted for this purpose
• by Parliament and State Legislation Assemblies

4. Subsidiary Legislation 

• is very important as legislation is insufficient to provide the laws required to govern everyday matters
• is defied in the Interpretation Act as 'any proclamation, rule, regulation, order, notification made under any Ordinance or Enactment'
• for example - Yang di-Pertuan Agong, Ministers and Local Government Authorities

Unwritten Law

1. English Law

• Section 3 and Section 5 Civil Law Act 1956 stated the application of English Common Law and Equity in Peninsular Malaysia
• Section 3(1) (a) - West Malaysia apply common law and equity as administered in England on 7th April 1956
•  Section 3(1) (b) and (c) - apply the common law and equity together with statutes of general application as administered in England on 
• Sabah (1st December 1951)
• Sarawak (12th December 1949)
• Section 5(1), all states apply English Common Law including Statutes on 7th April 1956
• Section 5(2), Penang, Malacca, Sabah and Sarawak can use relevant and applicable English Common Law 

2. Judicial Decision 

• found in the judicial decision of the High Court, Supreme Court, and Federal Court and the advice of the Judicial Committee of the Privy Council 

3. Customs

• customs of the local inhabitants in Malaysia
• relating to family law like marriage, divorce and inheritance, are given legal force by the courts in Malaysia
• 'Adat' applies to Malays; prior to the enforcement of the Law Reform (Marriage and Divorce)
• Act 1976, Hindu and Chinese customary law applied to the Hindu and Chinese respectively.
• Sabah and Sarawak, native customary laws apply in land dealings over native customary lands and family matters 

Islamic Law

• is only applicable to Muslims only and does not apply to non-Muslims
• its administered in the Shariah Courts
• in business, particularly the areas of banking and finance, Islamic principle are increasingly relevant in leading and investment