The new law of man pdf

In case of emergency. Where the act to be done is purely ministerial or clerical. In the case of Wong Mun Wai v.

Chong,19 the Plaintiff Principal bought a flat from a company. The Defendant agent was the managing director. S Harris Trustee Ltd. Defendant submitted to Plaintiff a few confidential documents about the insurance policy. Defendant also asked Plaintiff to keep this a secret from his customer. It was held that Defendant have rights to terminate contract with Plaintiff on the ground that Plaintiff have made reach of trust. Based on the section of Contract Act, it is the payment for the performance of any act due to agent until the completion of the act.

However, if it is agreed that the Principal himself may sell the properly and a sale completed by him, he is not bound to pay commission to his Agent. However, if there is fraud, or the Agent acts beyond hid duty or he is negligent, he is entitled to be indemnified. Also where the Agent causes injury to the third party in execution of his duty while carrying out his duty in good faith, the Principal is required to indemnify the Agent against consequences of the act.

Further, the Principal must reimburse the Agent of any legitimate expenses. He can do all acts which a principal may personally do. Besides that, a general agent is an agent who is employed to act on behalf of principal in particular goods or trade.

Other than that is special agent which is an agent with limited power to do specific act for specific purpose. If third party fails to perform, the agent will be held liable. While factor is a commercial agent who is entrusted with the goods of the principal for sale. Broker is an agent who make contracts between his principal and third parties for commission.

Other than that, an auctioneer is an agent who is employed to sell goods at auctions. Last but not least is the banker who can be either an agent for customer or an employee as agent for banks. It may also be implied from the following : 1. Express authority given by the Principal 2. Custom and trade usage 3. Circumstances of the case 4. Conduct of the parties 5.

Cengage Learning. Later, the Principal is precluded from denying the agents authority. The principle would be liable for the contract with the third party. When the Principal by his words or conduct leads another party to believe that the Agent has authority to make contract on behalf of him. However, there is no apparent authority where the person makes a contract on behalf of a Principal without his knowledge. Where the Agent previously had authority to act but it has been terminated by the Principal without any notice to third party.

Third party can claim that the Agent has apparent authority and binds the Principal to the contract 6. Where a Principal is named, a clear agency relationship exists between Agent and Principal. So, Agent incurs no right or liability under the contract. Whatever done by the Agent in the course of business will bind the Principal and he alone can sue and be sued by third party. However, there are exceptions where the Agent may be liable: 1. If the Agent agrees with third party to accept personal liability.

Where the Agent executes a deed and negotiable instrument in his own name. Where the Agent exceeds authority and the Principal does not ratify. Where the custom of trade made the Agent liable. In these four circumstances, the third party may sue the Agent if there is any breach of contract.

For example, in the case of Chin Yuen Tung v Bep Aketik,23 the respondent which is the third party were requested by the Agent to make a valuation report on a piece of land in Sarawak and to send a copy of the report to a New York company which is the Principal. Now, when the Respondent claimed payment, the Agent refused that they were merely acting as an oversea agent for the New York company.

It was held that the Agent should make the payment. The Agent had represented that the terms of payment would be the same as earlier dealings. The agent agrees to accept and make himself personally liable upon the contract. Third party knows that he is doing business with a Principal through an Agent. Under Section of Contract Acts , Principal is not responsible to the contract. When an Agent made contract for the sale or purchase of goods for a merchant resident abroad, the merchant is making a contract with the Agent.

It is because of difficulty to bring action against Principal. So the Agent may have to be personally liable. An Agent also liable when the Principal's identity is disclosed cannot be sued i. The agent uses his own name in the contract and the third party is under the impression that he is contracting personally with the Agent.

In the event of breach, the third party has the right to sue the Agent or the Principal or both of them. If the Principal discloses his identity before the completion of the contract, the third party may rescind the contract if he can prove that had he known the identity of the Principal or the Agent was acting for somebody else he would not have contracted.

In the case of Pernas Trading Sdn Bhd v Persatuan Peladang Bakti Melaka,24 the Respondents ordered chemicals and fertilizers for themselves rather than on behalf of a principal. It was held that the respondents were liable as they contracted in such a form to make themselves personally liable. As party to a valid contract, an undisclosed Principal has the right to enforce the contract against third party even though the third party does not know about the Principal.

This is because the contract is made for him as stated under Section a of Contract Acts However, it the Agent exceeds authority of acting outside authority and the existence of the Principal is not disclosed, the Principal cannot ratify the contract. He has no right and liability under the contract. An Agent, acting for undisclosed Principal may sue on the contract if there is a breach because he can treat it as his own name for the contract. There should be a mutual consent, unilateral revocation by the Principal or unilateral renunciation by the agent.

In term of performance by the agent, if an agent is appointed to accomplish a particular task or for a specific purpose, when the task is accomplished by the agent or the specific purpose is attained, the agency will terminate.

While Revocation by Principal stated that the authority of an agent may be revoked at any time by the Principal. However, unilateral revocation otherwise than in accordance with the provisions of the agency agreement may render the Principal liable to the agent for breach of the agency agreement.

Any word or conduct of the Principal inconsistent with the continued exercise of authority by the agent may operate as revocation of the agency. In term of renunciation by agent, an agent is entitled to renounce his power by refusing to act or by notifying the Principal that he will not act for the Principal.

Unilateral termination of the agency by the agent before he has fulfilled his obligations to the Principal under the agency agreement will render the agent liable to the Principal for breach of the agency agreement, such as payment of damages for loss suffered by the Principal. Termination of agency. Firstly, the completion of the task by the agent. At times the contract of agency may be found for a particular objective or to do a particular venture.

In such a case termination of agency takes place after completion of that venture Expiration of the period fixed for the agency relationship. At times contract of agency may get formed for a particular period. In such a case after expiry of that agreed period, termination of agency takes place. Thirdly, by the death of either the Principal or agent. Whenever Principal or agent come across death or lunacy, agency contract gets terminated Fourthly, by the subsequent insanity of either the Principal or agent.

Next is by the bankruptcy or insolvency of the Principal according to section of Contracts Act Last but not least is upon the happening of an event which renders the agency unlawful.

Law of agency is governed by Part X of contract Acts Parties that involved in the creation of agency is the Principal and Agent, where the agent is the one who will act for the Principal. Creation of agency can be by express or implied appointment or ratification by the Principal, by necessity or by estoppels.

There are right and duties of both of the Principal and Agent. Agent is also not entitled to remuneration for business misconducted. While the duties of a Principal are to pay the Agent commission and other remuneration agreed, not to willfully prevent the Agent from earning his commissions and to indemnify for acts done in the exercise of his authority. There are various types of agent.

But it is specifically divided into two types of agent. The first one is according to extent of authority which may consist of universal agent which is a general agent with extensive power and a general agent who is an agent employed to act on behalf of principal in particular goods or trade. Besides that, agents according to nature of works performed which includes Del credere agent, commercial agent, broker, auctioneer and a banker.

Agent authority consist of actual authority and apparent or ostensible authority. There is also a condition where there is a breach of authority by the agent. These can happen in such a way where there is a named Principal, disclosed Principal and undisclosed Principal. Termination of agency will also happen in the creation of an agency. Is will happen either by the act of the parties where it is terminated by the act of either the Principal or the Agent or by operation of law which may happen upon the occurrence of some events such as completion of task or expiration of the period fixed for the agency relationship.

Contracts Act Malaysian contract act section It has been argued that the English Constitution has now to some extent been insubordinated to the European Union system. Similarly, debates arise with regard to the European Human Rights system after the enactment of the Human Rights Act of which seeks to make English law compliant with the European Convention of Human Rights. The key question normally is: where does sovereignty lie?

From the stand point of the European Court of Justice of the Community, the treaties that established and define the community and the Union are supreme and sovereign and the sovereignty of the member states is limited by membership.

From the standpoint of the British judges, however, the sovereignty of the British Parliament remains intact.

Britain has just voluntarily accepted the European Union Law under an ordinary Act of Parliament, the European Communities Act, which provides for the reception and enforcement of European Community laws within the domestic courts of Law.

This Act can easily be amended by Parliament if it is deemed that England no longer wishes to be subjected to the European Community system or the laws enacted there-under. Flexible and Rigid Constitutions Dicey defines a flexible constitution as: One under which every law of every description can legally be changed with the same ease and in the same manner by one and the same body.

He defined a rigid constitution, on the other hand as: One under which laws generally known as constitution or fundamental laws cannot be changed in the same manner as ordinary laws. In the latter case, the constitution may be said to be supreme over the legislature. Also, sometimes parts of the constitution may not be alterable at all.

Similarly, amendments of the basic principles of Articles 1 on human dignity and 20 on basic principles of state order and the right to resist are inadmissible see Article Plus some provisions may be unalterable within a certain time e. A constitution before Need to appreciate Procedural or substantive rigidity. In other words, there is a special procedure for amending the law of the Constitution.

This procedure is set out in the Constitution itself and is more rigorous than the procedure for making and changing ordinary American laws. That the "basic structure of the Constitution could not be abrogated even by a constitutional amendment ".

For example, the Constitution of Singapore and Australia too is written but largely flexible. Written and Unwritten Constitution A constitution is said to be written when most constitutional laws are specifically enacted such that they are contained in a formal document which, is however, supplemented by other acts of Parliaments that contain constitutional laws.

A constitution is said to be unwritten when there is no formal document referred to as the constitution and constitutional laws are contained in a series of documents, which, are simply Acts of parliaments that contain constitutional laws. Written constitutions cannot just be interpreted as whatever the government says it is at any given time.

A written constitution is one contained in one or a small group of documents. To many commentators this offers the advantages of clarity, stability and enforceability over States with unwritten constitutions i. Moreover, written constitutions are more readily accepted as enjoying the advantage of a prescriptive approach. It may thus override the elected Parliament which is the organ empowered to make law by declaring the laws thus made as unconstitutional.

Unwritten Constitution What are usually refer red to as unwritten constitutions are not normally completely unrecorded but found in scattered legislation supplemented by conventions exercised by the people.

The best examples are the constitution of Britain, Israel and New Zealand. These ideals may form the basis of the principles. The Unwritten Constitution of Britain The Magna Carta It contained statements of grievances the settlement of which was brought about by the union of important classes in the community. It set out the rights of various classes of the material community according to their different needs: 1.

The church was to be free; 2. London plus other cities were to enjoy their liberties and freedoms; 3. Merchants were not subject to unjust taxation; and 4.

It also laid down clause stating that no man should be punished expect by judgment of his peers or of the law of the land and that to no one should justice be denied. It has been described as a document having contributed to the origin of the writ of habeas corpus Translated, literally, it means that you have the body and trial by jury but trial by jury and the writ of habeas corpus are said to have other sources too. Petition of Right It was a protest against: 1.

Arbitrary imprisonment; 3. Use of commission of martial law even in times of peace; and 4. And bill letting of soldiers on private person. The king yielded to these protests but its effects were weakened when Charles I held that his prerogative powers had not thereby diminished.

Bills of Right, and Acts of Settlement i It outlawed the pretended power of suspending laws or execution by legal authority without the consent of parliament by making it illegal, ii That the levying of money for use by the crown by preference of prerogative without grant of parliament for a longer time or in any manner that the same is or shall be granted is illegal.

Unitary and Federal Constitutions A unitary constitution is one which defines a centralized system of government without constitutional friction between the national and regional government. The document concentrates powers in the national government and tends to promote a strong and stable government, than a federal system where power is divided between the federal and state governments. An example of this is Kenya. In a federal constitution, power is divided among the states' regions and then the central government gets comparatively more authority and power.

Under a written constitution, the constitution will define which powers are exercisable by the central federal government, and which powers are exercisable by the constituent parts- usually known as states of the federation. Ina federal state, powers are usually diffused rather than concentrated in any one body. The constitution has over riding force and any conflict between the federal government and state government will be determined according to the constitution.

For centuries, it is common to see most federal constitutions rigid and written. In a federal constitution, there is existence of a rigid form of amending the constitution. Kenya too has a unitary but devolved constitutional set-up. Advantages of a Federal System i The right of choice and exit — A federal system allows citizens to compare political systems and vote with their feet by moving to a state they find more congenial.

It is more conducive to rational progress because it enables the results of different approaches to be compared easily. All this is particularly important in times of rapid social change. These characteristics correlate significantly with geography, and state laws in a federation can be adapted to local conditions in a way that is difficult to achieve through a national government. By these means overall satisfaction can be maximised and the winner-take-all problem inherent in raw democracy alleviated.

By dividing sovereignty, the federal division of powers reduces both the risk of authoritarianism and the apprehension of it. The states help to preserve judicial independence and impartiality as well. The existence of independent state court structures prevents a national government from filling all the courts in the land with judges believed to be its supporters.

State governments can be more closely supervised because of lower monitoring costs. There are fewer programmes and employees, and the amounts of tax revenue involved are smaller.

Citizens can exercise more effective control over government officials when everything is on a smaller scale. Unlike the Commonwealth, the states cannot create money, and this further limits the scope for abuse of power.

Of the five countries that survived the 20thcentury without a violent change of government, four are federations: the USA, Canada, Australia and Switzerland. Stability is a cardinal virtue in government. Stable government enables individuals and groups to plan their activities with some confidence and so makes innovation and lasting progress possible. Political stability is much valued by ordinary people because they are the ones likely to suffer the most from sudden shocks or changes of direction in the government of the country.

In other contexts, this is quite a familiar principle. It is, for example, the basis on which international sporting teams are selected. Competitive federalism harnesses this principle to the goal of earning a better standard of living for all.

Disadvantages of Federalism i It had a History of Protecting Slavery and Segregation — This is often cited as one of the main detriments of the system of federalism that we have in this country, that since slavery was a state issue, it was something that could not be removed on the national level. The same goes for other things, as well, such as taxes, health care programs, and welfare programs.

The difference is that they are not entirely coordinated. Con-federal Constitution In the countries with this type of constitution, there are territorial units and a federal authority just as in the Federal constitutions.

However, the territorial units hold more power than the central federal authority Civil and Military Constitutions Civil Constitution A civil constitution is one which exists in a democratic setting whereby the tenets of fundamental rights, ideals of democracy are enshrined.

It is consciously prepared and framed for a democratic government by the people themselves. It defines the relationship between the representative of the people and the duties and right of the citizens. A civil constitution is characterized by the element of freedom, will, representation and participation.

Military Constitution A military constitution on the other hand is a document superimposed on a country for the purpose of ruling or controlling the governmental affairs without peoples input. Like the case in Nigeria, most military constitutions are suspension and modification of the civil constitution which had existed in a democratic setting. A military constitution is more or less a Decree or legislation of the Supreme Council of the military government at any particular point in time.

Also, the legislature will be made powerless and thus its powers to make laws will be too limited. The government may be presidential or republican government. In most cases, the Monarch acts as a ceremonial head with absolute or limited authority.

There is also de facto head of the government in whom the powers and authority of the executive is reserved. Republican Constitution A Republican Constitution is a document in which the officials of government are elected as representatives of the people, and must govern according to existing constitution that limits the government's power over citizens.

In a republican constitution, power is transferred by means of presidential election. In republic, such as Kenya and the USA, there will normally be a Head of state usually designated a President who is directly elected by the people. In Britain by contract, the monarchy remains, with the Queen as Head of state and holding widespread formal powers under the royal prerogative in practice these powers are conventionally exercised by the elected government of the day which is headed by the prime minister.

Quasi-Permanent and Transitional Constitution A transitional constitution is purposefully made for a given period of time whose limits are clearly defined in terms of time of applicability. A good example is the Interim South African Constitution of which was repealed by the permanent Constitution. A quasi- permanent constitution, on the other hand, is created so that it can apply for unlimited and undefined periods of time.

In a parliamentary system the prime minister is answerable, to parliament and he is the head of government. The merit of a presidential executive constitution is that there is a clear separation of powers. The disadvantage is that there is too much power given to the president. The principle of separation of power when applied results in a presidential executive, which is autonomous government entitles under the parliamentary type.

The chief executive is the Prime Minister, who is a member of parliament and is responsible for the legislature. Transformative and Preservative constitutions There are two types of constitutions, one we could call codifying preservative , and the other transformative. A codifying constitution tries to preserve something essential from the constitutional or legal culture in which it is enacted — to protect that culture against changes in the future.

A transformative constitution or amendment does the opposite: it tries to change something essential in the constitutional or legal culture in which it is enacted — to make life different in the future, to remake some part of the culture. Autochtorious and Allochtorious Constitutions An autochtorious or autochthonous constitution is one that is home-grown while an allochorious allochthonous constitution or has foreign origins such as the one granted at the end of colonial rule e.

Lancaster House Constitution. Grade 12 Notes. Elements of Government. Usman Bappi.