Week 2 & 3 - English Law and Civil Law Act 1956
Week 2 & 3 - English Law and Civil Law Act 1956
LAW 434
WEEK 2 & 3
• Common law
• Rules of equity
• Statutes
• Section 3(1) of the Civil Law Act 1956 (Act 67) provides for the general
application of English law. It states:
• In Jamil bin Harun v Yang Kamsiah (1984) 1 MLJ 217 the court
held that it was for the courts of Malaysia to decide, subject
to the statute law of the federation, whether to follow English
case law. Modem English authorities may be persuasive, but
not binding. (The court in this case followed the English case
of Lim Poh Choo v Camden & Islington Area Health Authority
(1980) AC 174).
3. Suitability with ‘local circumstances‘