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Law for Creative
Law for Creative Industries
| Term | Definition |
|---|---|
| s.26 Contracts Act 1950 | - s.26 Agreeements without consideration are void - EXCEPTIONS: - 26(a) Natural love and affection can buy promise ONLY in writing - 26(b) Past consideration is valid |
| Offer & acceptance | - Must be absolute / specific & clear & unconditional (no conditions in acceptance) |
| C: Gunthing v Lynn | -S sold B 'lucky' horse, S changed mind afterwards - Held that "lucky" was not specific = no offer & no contract |
| Capacity | - Minors: below the age of 18, all minor contracts void (with exceptions) - Insurance - Scholarships - Land/property deed - Contract of necessaries |
| Terms of contract | - Part and parcel of contract(B v G) - 2 kinds of terms - Condition: Goes to root of contract. If 1 party breaches then innocent party can rescind & claim damages - Warranty: Doesn't go to root. If 1 party breaches innocent party can only claim damages |
| Sources of law | 1) Government: legislation (parliament makes law) 2) Common law: from UK (commercial & domestic agreements) 3) Cultural customs: Marriage 4) Judicial precedent: Judge-made law 5) Syariah law: Muslims only |
| Hierarchy of courts (Subordinate) | i) Magistrate a) 1 class - Crim: Fine / imprisonment / both [5 - 10y] - Civ: Damages [10 - 100k] - 2 class - Crim: Fine / imprisonment / both [<1y] - Civ: Damages [1 - 10k] ii) Sesh - Crim: Any punishment (not death) - Civ: Damages [100k - 1mil] |
| Exclusion / exemption clause | - Usually protects S if they breach contract; B will not be able to claim damages for loss - To be valid EC must be INCORPORATED |
| Incorporation of EC | 1) Signature: Signed documents with EC is valid 2) Consistent dealings: Regular customer 3) Time factor: Clause known before contract formed 4) Notice: Reasonable notice given |
| Remedies of contract | - Means what innocent party can claim from court when contract breach: i) Damages: Pecuniary comp. (HvB) S74 CA1950 – Loss not be too remote (foresee?) ii) Injunction: Stopping iii) Specific performance: Force fulfilling contractual obligations (Z) |
| Protection of Buyers in EC | - Unequal bargaining power of EC so court has 4 methods: i) EC too wide ("we are not liable for anything") ii) Fundamental breach iii) Negligent liability (careless S with EC is not valid) iv) Contraproferentum rule (if EC is ambiguous S cannot rely) |
| C: Wallis v Pratt | - B bought seeds from S, who delivered inferior quality seeds - B sued S but S had EC stating "S does not give any warranty express..." - Court held EC was invalid as S did not include "condition" before "warranty" |
| Injunction | - Usually 1 party apply for Temp I but judge can't trust; officers investigate & if true then Perm I - 3 conditions consider for PI: 1) Must be serious 2) Cannot be frivolous or vexatious 3) Damages aren't adequate (money cannot solve the issue) |
| Specific performance | - Means court will force 1 party to fulfill contractual obligations (Z) - s.11(1)(b): Pecuniary compensation for loss is ascertainable so court will give SP - s.11(2): SP for immovable property * SP can't apply to contract for personal services |
| Hierarchy of courts (Superior Courts) | i) High - Crim: Death P. - Civ: >1mil (no max) ii) C of Appeal - Appellents & respondents - All cases come from HC iii) Federal - Highest C of A - Appeal to agung from hanging |
| Discharge/Frustration of contract | - Means contract is void/not valid - Impossible to continue contract EG: - Subject matter destroyed by fire (T v C) - Person ill or incapacitated (C v BK) - Change in law - Sole purpose is defeated |
| Works under copyright protection | - Literary work - Musical work - Translation - Photographs - Films/sound recordings - Designs in document - Graphic work - Computer program |
| s.10 Qualified person | - Author of work already published in Malaysia - Malaysian citizens or permanent residents OR not a citizen or PR but work published in Malaysia |
| s.36 Infringements | - Any person infringes if no licence from the owner of copyright - Further infringed where any person imports into Malaysia: - Sale - Hiring - Trading - Distributing - Person knows or out to know article was used without licence from owner |
| s.37 Action by owner of copyright & relief | Copyright owner can claim following relief: - Order for injunction - Sue for damages - Account for profits - Statutory damages |
| s.4 Publication of work | 1) Author did not consent 2) Make copies of work (sell/let/hire) with/out consent 3) first published in MY not elsewhere (otherwise 30 days) |
| Material form & infringing copy | - Copying must be a lot not minor; depends on facts & circumstances - IC = person copies another's work |
| Duty of care | 1. Duty of care - D owes, neighborhood test (closely & directly) (DvS) 2. Breached? (HvLEB) 3. Damages from breach? (WM) |
| Contract law | - Six aspects to a valid contract: 1) Offer 2) Acceptance 3) Consideration 4) Intention 5) Capacity 6) Free consent |
| Invitation to treat | - Distinguish an offer from invitation to treat (itt) – an offer to induce offers: i) Adverts ii) Display articles on shelves iii) Display articles with price tags |
| C: Carlill | - P purchased smoke balls and contracted influenza, who claim the RM100 reward, defendant argued that not bound to advert because it lacked true intent - Held plaintiff was the one making offer as she completed and agreed to terms in contract |
| 13(A) Law on design documents | 1) no infringing to make copy or reproduce article w/ design 2) film/broadcast/cable = no breach 3) no license to use = infringement 4) act332 IP law = design is any shape or configuration whether internal external; whole or part of article |
Created by:
babykangaroo
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