What is common law and rules of equity?

What is common law and rules of equity?

The common law is the unwritten or unenacted law of England and it based solely on decisions of the courts. Equity means ‘fairness’ and is the body of rules developed first by the Lord Chancellor and by the old Court of Chancery in the end of the fifteenth century.

Is there child support in Malaysia?

Child maintenance is one of the thorny issues in civil law divorce proceedings. Child maintenance in Malaysia, under section 92 of the LRA means the provision of “accommodation, clothing, food and education as may be reasonable having regard [the parent’s] means and station in life or by paying the cost thereof”.

Is equity applicable in Malaysia?

2 Reception of the said common law, rules of equity and statutes of general application is allowed so far only as the circumstances of the States of Malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary.

What is difference between common law and equity?

Common law is the out come of courts decisions and their interpretation based on their. Equity is in simple words the system of law designed to offer remedies for wrongs which for any reasons are not legally recognized under the common law of England or for which no adequate remedy was provided by the common law.

What is an example of equity law?

An example of this is if someone is infringing on a trademark of yours, you can get monetary damages for the loss, but your business could be ruined if they continue. Equity is the additional solution that allows a court to tell another person to stop doing something via an injunction, among other things.

Is English common law applicable in Malaysia today discuss?

English Law is applied in Malaysia is through the common law. Article 160 of the Federal Constitution rules the common law to be applicable ‘in so far as it in operation in the Federation or any part thereof’.

What is the right of illegitimate child in Malaysia?

In short, the law provides for limited circumstances in which an “illegitimate child” can inherit from his parents’ estate. An “illegitimate child” is entitled to inherit from his/her mother’s estate IF she dies without leaving a Will and does not have any legitimate children.

What is joint custody Malaysia?

In Malaysia, the law places custody of a child on both the parents in a marriage while care and control may be placed in both or either one of the parents to the marriage. In hearing an application for custody, the Court is normally inclined to grant joint custody to both father and mother of the child.

What is meant by law of equity?

In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of Common Law. Equity is also used to describe the money value of property in excess of claims, liens, or mortgages on the property.

What is relationship between common law and equity?

Equity follows the law Equity never overrules or invalidates the common law and always, where possible, attempts to follow it. If the common law is defective, equity may provide an alternative Page 3 cause of action but it cannot actually overrule or invalidate a legal principle.

Does English common law and rule of equity apply to Malaysia?

[English Common Law and Rule of Equity applies to Malaysia as it was on the dates: These are ‘Cut Off’ dates, and hence after such dates, the English Common Law and Rule of Equity do not become law in Malaysia.

What are the sources of law in Malaysia?

Common law and rules of equity in Malaysian Legal System in relation to law of contract and tort. The colonization of British in Malaya has brought together the English Law which later on became our country’s source of law. Basically there are two main sources of law in Malaysia namely written laws and unwritten laws.

Does local law take precedence over English law in Malaysia?

Local law takes precedence over English law as the latter is only meant to fill in the lacuna in the legal system in Malaysia. Secondly, only the part of the English law that is suited to local circumstances will be applied—proviso to section 3 (1), Civil Law Act 1956. Common law can apply in the absence of local legislation.

What is the legal system in Malaysia?

The criminal law in Malaysia—the Criminal Procedure Code—was based on the Indian criminal code. Similarly, the Contracts Act is based on the Indian model. Malaysian land law is based on the Australian Torrens system. The Federal Constitution is the supreme law of the land.