MALAYSIAN LEGAL SYSTEM

TUTORIAL: ENGLISH LAW AS A SOURCE OF LAW

Each group presents one question

QUESTION 1

In light of the application of English law in Malaysia pursuant to section 3 of the Civil Law Act 1956, discuss the significance of the cut-off dates in the above section.

(7 marks)

QUESTION 2

Discuss the scope and the application of section 5 of the Civil Law Act 1956. Support your answer with reference to relevant authorities.

(7 marks)

QUESTION 3

With reference to the Nepline case, discuss the steps to be taken in determining whether to apply English law to local cases.

(7 marks)

QUESTION 4

The existence of section 3 of the Civil Law Act 1956 curtails the development of Malaysian common law. Do you agree?

(7 marks)