26/10/2015Introduction to Business Law Topic 1 Business law encompasses all of the laws that dictate how to form and run a business – how to start, buy, manage, close or sell any business. A savvy businessperson will be generally familiar with business laws and know when to seek the advice of a licensed attorney. Zahara Hamzah, Business Law (3/2015) Classification of Law Public Law LAW Public International Public law regulates the relationship between the citizen and the State. In a murder case where Azizul murdered Samdan, Azizul has committed a crime which is against the State (King’s law). Public law is divided into constitutional law, administrative law and criminal law. Private Constitutional Public Property Criminal Private Contract Administrative Tort Constitutional Law – defines the structure of government and the right of individual under that government. Administrative law – regulates the duties and exercise of powers by administrative authorities. Criminal Law – deals with acts or omissions which are offences against the State and for which the offender is liable to be tried and if found guilty, will be punished according to the law. Zahara Hamzah, Business Law (3/2015) Private Law Zahara Hamzah, Business Law (3/2015) International Law Private law deals with the relation between a citizen and another aka civil law. It includes contract, Family Law, Tort, Land Law and commercial law in general. Legal action may be commenced or initiated by individuals seeking for damage or compensation - example where Azizul and Samdan entered an agreement and Samdan breached the contract. Here Azizul has a cause of action against Samdan. Azizul v Samdan. Zahara Hamzah, Business Law (3/2015) Includes Private and Public International Law. Public international law deals with relationship between states – example: Border, territorial waters etc. (Dispute revolving ligitan islands in Sabah). Private International law is concerned with the application of various national laws of the facts of a particular case involving two or more countries – example: system of law applicable to a marriage between 2 different nationals in a third country. Zahara Hamzah, Business Law (3/2015) 1 the most important source of law. there are no easy answers about how to create it. Business Law (3/2015) Sources of Law “We depend upon the law to give us a stable nation and economy. a fair society. & opinion of jurists). made by formal legislative bodies. Sources of unwritten law are: English Case Law Law Customs THANK YOU! Zahara Hamzah.26/10/2015 Sources of Law Sources of Law The word “sources” has several meanings which include the following: Written Is Historical Sources – factors that have influenced the development of the law although they are not recognized as law (religious beliefs. Business Law (3/2015) Zahara Hamzah. Legal rules control us. Refers to proportion of Malaysian law including: Federal and State Constitution Legislation enacted by Parliament and State Assemblies Legal Sources – legal rules that make up the law and can be classified into written and unwritten. Subsidiary Legislation Zahara Hamzah. a safe place to live and work. But while law is a vital tool for crafting the society we want. Business Law (3/2015) Zahara Hamzah. local customs.” Unwritten Doesn’t Not mean that it is not written. yet we create them. Business Law (3/2015) 2 .