1. Since 1961,the developer of internet connection had been bring a lot of convenient to human. It help human to easily sharing their information, transfer the date and so on. It is a network of networks that consists of millions of private and public, academic, business, and government networks of local to global scope that are linked by a broad array of electronic and optical networking technologies.And it carries a vast array of information resources and services. But even the evolution of the technology also brings a lot of harmful to human. Especially the privacy of the public. Every service now a day can be provided to the consumer. But it also explores the privacy of people at the internet. Some people will try to use illegal way to steal internet user data. And this action is call cyber crime. Actually cyber crime is not only stealing people data or hack computer. It can be Spam, Fraud, Harassment, Drug trafficking and so on. So in order to prevent those crime happen we need the law which can worked out the effectual measures to cyber crime.And the example of the law is Communications and Multimedia Act (CMA) 1998, Penal Code, Internal Security Act. With the existing of this law will help in prevention the crime happen in Malaysia.
Yesterday just finish interview section with Mr. Sonny with the topic of ethical and unethical issue in the education sector. After finish our interviews I realize that ethical issue have a strong relationship with rule and regulation which can be explain in law as while. For my opinion, ethical is the key to generate the law. And the existing of law make people have the concept of how to behavior in ethically. Human can’t live in the environment without law. But there is an argument law without ethical content does not proscribe or mandate an act because of the act's moral or ethical value. Laws should be understood to include not only statutory law, but also case law and common law. In general, a law may be said to have no ethical content if it represents a choice between two or more ethically equivalent options. The existence of laws without ethical content may be used to support the central claim of legal positivism, namely that law and ethics are separable. Legal positivism states that one may disobey certain laws without doing wrong, or conversely that one may wrongfully obey certain other laws. But for me I do think that the law should be include in the consideration for generate it. But there is not include with the punishment the crime. Because with the involvement of ethical issue to set the punishment to the criminal it will reduce the effect of prevent crime. It make people won’t feel about the punishment had been set.
I belief that most of the Malaysian know who was Teoh Beng Hock. The one who found that fall from the building of Malaysian Anti-Corruption Commission's (MACC) Selangor headquarters. I get shock when T read the news from the news paper last few month. I doubt that why in the high security area of the Malaysian Anti-Corruption Commission's (MACC) Selangor headquarters still able to happen this case and there is no one know how is going on and doest any of evidence on how the case happen. After the investigation made by the police. They announce that Mr Teoh is death by suicide. It is hard to let people to trust that he kill himself after assist the MACC investigation. Most of the people’s belief that they will have some behind story in this case. Just some used some illegal way to cover it up.So hopefully the law of Malaysia can help him and his family to find out the truth and have a peacefully society for us.
Most of the people now a day are select to purchase. For them cheap is everything, no matter how bad with the quality of the work they still put cheap as a first consideration of selecting the product. So should we judge it as an illegal purchasing habit? Should we have a law to manage this kind of consume habit in Malaysia? But in fact, Malaysia do have the law to stop consumer support the pirated edition product. In my opinion i don’t think this is correct and fair for our consumer. As consumers only take care where can we get the cheapest product that we need. Compare 1 CD cost me RM3 and another one cost me around RM19.Of course we will choose the cheap one. Because people often watch the same movie in one time. Why should we buy the expensive CD? The law that which is came out from the government is not fair for the consumer. For me It consider as against the consumer right. What I think the government should do is focus on take action to the business man who involved in selling the pirated item not focus on the consumer. If there is no supply in the market then i think there will not have any demand in the market anymore.
Today Mr Sonny teach us about the law of contract. The law of contract can be explain with binding legal agreement that is enforceable in a count of law. It also can be explain with the promise between two parties.. It also can be explain with the promise between two parties. If both of the parties have been agree with the content of the contract or agreement then they have no option to again the contract if they dint follow the content then have to stand the loss to other parties. So in order to set up the fairness and profitable contract to both side of the parties we have to study on what we need. Here is a detail of contract must involve the following elements:
A "Meeting of the Minds" (Mutual Consent)
The parties to the contract have a mutual understanding of what the contract covers. For example, in a contract for the sale of a "mustang", the buyer thinks he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable.
Offer and Acceptance
The contract involves an offer (or more than one offer) to another party, who accepts the offer. For example, in a contract for the sale of a piano, the seller may offer the piano to the buyer for $1,000.00. The buyer's acceptance of that offer is a necessary part of creating a binding contract for the sale of the piano.
Please note that a counter-offer is not an acceptance, and will typically be treated as a rejection of the offer. For example, if the buyer counter-offers to purchase the piano for $800.00, that typically counts as a rejection of the original offer for sale. If the seller accepts the counter-offer, a contract may be completed. However, if the seller rejects the counter-offer, the buyer will not ordinarily be entitled to enforce the prior $1,000.00 price if the seller decides either to raise the price or to sell the piano to somebody else.
Mutual Consideration (The mutual exchange of something of value)
In order to be valid, the parties to a contract must exchange something of value. In the case of the sale of a piano, the buyer receives something of value in the form of the piano, and the seller receives money.
While the validity of consideration may be subject to attack on the basis that it is illusory (e.g., one party receives only what the other party was already obligated to provide), or that there is a failure of consideration (e.g., the consideration received by one party is essentially worthless), these defenses will not let a party to a contract escape the consequences of bad negotiation. For example, if a seller enters into a contract to sell a piano for $100, and later gets an offer from somebody else for $1,000, the seller can't revoke the contract on the basis that the piano was worth a lot more than he bargained to receive.
Performance or Delivery
In order to be enforceable, the action contemplated by the contract must be completed. For example, if the purchaser of a piano pays the $1,000 purchase price, he can enforce the contract to require the delivery of the piano. However, unless the contract provides that delivery will occur before payment, the buyer may not be able to enforce the contract if he does not "perform" by paying the $1,000. Similarly, again depending upon the contract terms, the seller may not be able to enforce the contract without first delivering the piano.
In a typical "breach of contract" action, the party alleging the breach will recite that it performed all of its duties under the contract, whereas the other party failed to perform its duties or obligations.
So fast that this is my second time to update my second article for legal frame work blog.Today my topic is discuss about law bring what kind of benefit to public? First, the most appear of law can help most of the weak person to get the right which is belong to them. Especially when they are facing the problem or situation which is unfair to them.By find out the solution via the law is the only way to help them.Because inform of the law every human is the same include the level of the society.Second, the law bring the plat form to let people speak out the unfair treatment to every of the public.So people will know the way to avoid the similar case happen to them.Because of law people also learn how to follow the rule in the life.Law had been provide a certain level to stop the criminal activities.This is the reason that we had the punishment for those people who break the law. Finally, Law bring human many of benefit and securty to help human live the environment of peace and healthy.
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