Sunday, June 20, 2010

Application of U.K. common law

It is worth to note that English Law prior to 7 April 1956 is applicable in our courts (see : ss3 of the Civil Law Act 1956):

3. (1) Save so far as other provision has been made or may hereafter be made by any written law in force in Malaysia, the Court shall—

(a) in Peninsular Malaysia or any part thereof, apply the common law of England and the rules of equity as administered in England on the 7 April 1956;

Although modern English cases are not binding, in the specialized field where the contracts are worded identically, the English decisions are of the highest persuasive authority (see: Thames Design Sdn Bhd v Kuching Hotels Sdn Bhd [1993])

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