LAW OF CONTRACT

CASE 2

Due to a rampant robbery in which the robber used ski masks to cover their faces, the cyberjaya Authority issued a regulation that makes it illegal to swll ski masks. As a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, messy has not cleared the ski masks from the shelves of hid sport equipment shop in cyberia. The authority officials came to know about this and later on charged messy under the new regulation. Advise messy according to contracts Act 1950mm and relevant decided case (S).

Issue:

whether (Messy) the owner not taking action on clearing the (Ski Masks) illegal goods and displaying them on the shelves of his shop in cyberia would amount to an offence committed ( offering an illegal item )

Authority used:

The contract Act 1950 , section 2 (a)

A proposal is made when a person:

1- signifies to another his willingness, to do or abstain doing anything.

2- with a view to obtain the assent of the other to such act or abstinence.

An offer must be distinguished from an invitation to treat. An invitation to treat is not a proposal therefore no binding obligation shall be taking in consideration. An invitation to treat is an offer to make an offer. there are a lot of kinds of ITT according to the given case it is an ITT (display of goods). When a good is dispalyed in a place no matter what it was no matter where it is, it is only an invitation to treat. once a customer picks the good then it implies the buyer is offering to buy the good. in this case displaying the ski masks on the shelves does not amount to offering any illegal item. It is simply just displayed

The case of fisher v. bell 1961 1 Qb 394

the keeper of a shop displayed a flick knife in the shop's window, the shop keeper was charged with an offence of offering to sell a flick-knife contrary to the offensive weapons Act (1959)

Lord Parker observed:

It is clear that, according to the ordinary law of contract , the display of an artical with a price on it in a shop window is merely an invitation to treat.

and the case of pharmaceutical society of great britain v. boot cash chemists 1952 2 all Er 456

A self-service shop sellnig drugs

court of appeal observed

No offence the defendant was not offering to sell drugs without supervision, the defendant was merely inviting the customer to choose items from the shelves and sale will take effect when the customer's offer to buy is accepted by the registered pharmacist as the counter

the advice to messy is to argue to the court that there was no offer, because displaying goods no matter what kind of items they were are merely an invitation to treat only...

NEW SAUDI LAW WOULD ALLOW WOMEN LAWYERS IN COURT .

saudi arabia's justics minister says his department is drafting a law that would allow female lawyers to argue legal cases in court fir the first time.

sheik Mohammed al-issa told reporters sarurday the bill will be issued in the coming days as part of the saudi king's "plan to develop the justics system".

The law would mark a major step for female lawyers in the kigdom. Currently, women law graduates can work in goverment offices and in court offices, but can not argue cases before court.

under the new law, women would be allowed to argue cases on child custody, divorce and other family-related issues.
women in saudi arabia are nearly totally segregated from men in public life.

depend on sharea law why the women doesn't have the right and to be allowed to argue in all kinds of cases in saudi arabia court ?

Drinking coffee a crime in saudi arabia ?

An American woman who was arrested and strip-searched by religious police in saudi arabia for drinking coffee at starbucks with a male colleague says she is determined to stay in the strict islamic kingdom to challenge its rules.


Yara, 37, went to the starbucks on monday with her business associate to get some work done and use the internet after a power failure shut down her office. While the two were sitting in the curtained-off family section of the starbucks, the country's bearded religious police entered and arrested her of being with a man other than her husband.

In saudi arabia, where social rules are based on fundamentalist interpretation of islamic text, interaction between men and weman is severely restricted. Additionally, the country does not have a unified legal system. instead, judes and local authorities rely on their individual interpretations of the koran.

Do u think we have an issue here ? and she deserve that or not ?

How is the drug law in Saudi Arabia ?

Saudi Arabia has one of the most liberal drug laws in the world. Considering drug addicts as patients needing medical attention, the law provides ample oppotunities for them to take treatment and avoid punishment. At the same time, drug smugglers and dealers are given sever penalty including the death sentence. Here is a summary of how the law deals the drug related offenses.

Narcotics smuggler: The severest punishment, for those who are involved in smuggling narcotics and brining narcotics in the kingdom is death.

Dealer: for the first time offernder, punishment is imprisonment, lashing or financial fine or all. For the repeat offenders, punishment is increased and the involved person may be sentenced to death.

Narcotics User: Narcotics user is jailed for two years and punished according to the judg's decision. A narcotics user who enrolls in the treatment is not questioned, but admitted into a specialized hospital. Saudi law treats narcotics addicts as patients who need treatment.

Special Treatment for students: The law excludes students from punishment and limited to disciplining and monitoring them. To benefit from this exclusion from punishment, the student must meet certain condition including:

• Full time student under 20 years of age.


• not involved in dealing and smuggling and other crime.


• not involved in serious road traffic accidents.

Saudi Court Orders 60 Lashes for 22-Year-Old Female Journalist; King Abdullah Waives the Sentence After Intense International Media Attention

The Associated press reported that a court in jeddah, saudi arabia sentenced Rozanna Al-Yami, a 22-year-old female journalist, to 60 lashes after she was charged with promoting a television program in which a Saudi man talked about sex. Ms. Yami said that she had worked as coordinator for the program "Blod Red Line" but had not worked on this particular episode. see 60 Lashed Ordered for Saudi Woman, N.Y Times, oct 25,2009,sec. 1, at 11. The prosecutor in that case had called for even harshed punishment.

The man in that television show, Mazen Abdul-Jawad, was a divorced Saudi father of four children. He was sentenced to five year in prison and 1,000 lashes. He had described having an active sex life and showed sex toys, which the station blurred. The New York times said that the program "scandalized this conservative country."

Three other men who appeared on the show were also convicted of discussing sex and were reportedly sentenced to two imprisonment and 300 lashes each.

(mew)

The program in question was broadcas in july on the lebanese satellite Channel LBC. The saudi government also closed down LBC's TWO offices in saudi arabia

1ST LESSON

1)When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
a)Is Ryan liable under civil or criminal law?
b)Should this case go to court, what will be Ryan’s right?
c)What should the pedestrian do to recover his injuries/loss?

a)criminal law
b)it should go to court and Ryan has the right to have a lawyer
c)he should take the matter to the police




2)•Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.

•It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

a)Determine Geena’s liability: civil or criminal?
b)What law(s) and statutes you think Geena has violated?

a)criminal law
b)fraud