The rapid growth in e-commerce witnesses the emergence of a new group of consumers known as e-consumers. This new group of consumers is increasing in number over the years as online shopping become a trend and a manifestation of the modern life style. However a distance and complex nature of online shopping has led to some new problems and challenges pertaining to consumer protection. One of the perennial problems that needs considerable attention is the adequacy of the existing legislation in Malaysia to meet the basic needs of online consumers. Even though the Consumer Protection Act 1999 (CPA) was amended in 2007 in order to protect the interests of e-consumers, the question remains as to how far the CPA and other existing legislation, namely the Contracts Act 1950, Sale of Goods Act 1957, Direct Sales and Anti-Pyramid Scheme Act 1993 and Electronics Commerce Act 2006 can protect e-consumers in sale of goods contracts. Therefore, this paper is tasked to generally analyze the existing Malaysian law on sale of goods and to determine the extent to which those laws are adequate in providing protection and preserving the interests of e-consumers in order to overcome their anxieties as well as building up their confidence in purchasing goods online.

One of the main duties of the housing developer under the statutory sale and purchase agreement is to complete the construction of the house on time. Under the Malaysian housing law, the period of completion and handling over vacant possession for landed property is 24 months and for subdivided building is 36 months. However in practice, very rare buyers get the keys to their houses on time. According to clause 20(2) of Schedule G of the Housing Development (Control and Licensing) Act 1966, the buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement to hand over vacant possession on a specific date. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD f...

The rapid growth in e-commerce witnesses the emergence of a new group of consumers known as e-consumers. Due to distance and complex nature of online shopping, e-consumers require at least the same level of protection provided by the laws and practices that apply to traditional method of sale. This paper aims to examine the existing Malaysian law on sale of goods and to determine the extent to which those laws are adequate in providing protection to the e-consumers when purchasing goods online.

The present tort compensation scheme which has been widely adopted in common law jurisdictions to address the financial needs of injured victims has been found to be riddled with deficiencies. In focusing on negligence and causation as the foundation of liability, the adversarial system of the law has been strongly criticized as, failing to provide fitting and timely compensation, requiring injured claimants to go through difficult, stressful and long, drawn out litigation procedures coupled with significant legal fees and administrative costs. Concern over tort's effectiveness as an appropriate personal injury compensation mechanism for victims of motor vehicle accidents and the realization that the traditional tort system developed in the days of the horse and carriage was never contemplated to address contemporary issues facing accident victims, a number of common law jurisdictions have initiated significant departures from the system and have moved in the direction of adopti...

One of the main duties of the housing developer under the statutory sale and purchase agreement is to complete the construction of the house on time. Under the Malaysian housing law, the period of completion and handling over vacant possession for landed property is 24 months and for subdivided building is 36 months. However in practice, very rare buyers get the keys to their houses on time. According to clause 20(2) of Schedule G of the Housing Development (Control and Licensing) Act 1966, the buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement to hand over vacant possession on a specific date. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD f...

As a result of globalization, one of the most
major issues affecting the success of projects would be the
formation of a multicultural project management style. As
projects leaders continue to lead global, multicultural projects,
there is a demand for managing a workforce that is more
diverse than ever. The multigenerational workforce has
distinct views on work ethic, communication and incentives;
finding common ground is essential.
As the world of multinational projects is rapidly
developing new concepts and methodologies are being
introduced, especially in the management direction, as well as,
the serious need for the use of engineering management
modern practices. In many developing countries now the mega
projects are multicultural projects different designers,
contractors, subcontractors and suppliers from all over the
world work together to achieve excellence but such projects
bring with it many challenges on how all these people from
different background, different laws, policies, legislations and
ways of work can achieve harmony and finalize the projects
within vale and time. Here comes the serious need for
engineering and managers to design and provide a system that
allows the projects such as construction process to be
organized, harmonized and achieve the best quality from such
activities and projects at the same time minimizing various
risks to the minimum.
The increase of the citizens of the globe and its urban
population calls for more construction activities especially for
accommodation .in developing countries, in general ,the rate of
construction is far below the demand for shelter ,
infrastructure and other amenities .many factors such as
demographic growth, shifts from rural to urban areas, natural
and human made resources depletion, and significant changes
in expectations and life styles, all combine in their various ways
impose considerable pressure on the construction industry of
developing countries.
From this prospect comes the urgent need to engineering
management to be introduced in these developing countries
and for its recommendations and reflections to become a
practical actions specially its effects of laws and new policies to
ensure ease of operations and motivation of investors both
externally and internally.

The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition
Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a
law on acquisition and another for termination, the land acquisition officers are faced with
difficulties in selecting the right approach, not to mention that the law on termination does
not have provisions in guiding the termination process e.g. notice and inquiry. The land
acquisition institutions also seems not to be taking orders from a single authority, rather than
the whole government and the local government having command in acquiring land rights
and interests. The practicalities of the land acquisition which are enlighten in this paper, have
identified the use of force in acquiring private lands for private investment. Other issues
include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack
of court’s approval prior to acquiring private land rights. The authors use different approaches
to reveal significant issues in the land acquisition process in Zanzibar. These methods include
an analysis of case laws and legislative instruments. The interviews conducted with the land
officers and deprived land holders early 2015 are also referred. This paper concludes with
recommendations for the Zanzibar Government to consider, such as amendment of laws and
backing up the land acquisition process with principles of transparency, accountability and
public participation.

This article examines the fiduciary element in the role of waqf trustees and those delegated with powers over waqf management. It first examines waqf trustees and their duties. It then scrutinises the nature of fiduciary duties under the law, in particular and at more length, the fiduciary duty of trustees. In order to investigate whether waqf trustees have a fiduciary relationship with the donor and waqf beneficiaries, the article then examines the nature of fiduciary duties under the Shariah. The exposition applies fiduciary principles and practices governing trustees and endowment managers and compares this with Islamic principles of trust (Amanah) as a benchmark to assess the degree of duty owed by the waqf trustees. To ascertain whether the legal framework on waqf trustees in Malaysia contain any fiduciary elements, the law relating to waqf trustees in Malaysia is analysed with reference to relevant provisions in the waqf enactments and decided cases. It is found that the law on waqf contains some fiduciary elements but there is a general lack of awareness and minimum guidelines on the fiduciary nature of the duties of waqf trustees.

Through legal doctrinal analysis, this article examines the legal framework for the management of waqf lands in Malaysia. It identifies the various laws relating to waqf existing in the states in Malaysia. It also looks at provisions in the National Land Code 1967 in relation to the status of waqf lands. It identifies some challenges in the management and development of waqf lands and offers some suggestions and recommendations.

Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. This paper discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights defining features of the law regulating retail tenancies there. Employing both, quantitative and qualitative research methods, a survey was carried out on landlords and tenants of retail premises in the Klang Valley. The findings reveal that there are various issues and problems arising out of the relationship of landlord and tenant of retail premises in the Klang Valley and that both generally favour proposals to improve this relationship. A majority of respondents are agreeable to a special mediation body for settling retail tenancy disputes so as to avoid court action. Further, a large proportion of respondents are also supportive of a specific law to regulate retail tenancies. The paper concludes with recommendations on the defining features of a proposed law to regulate retail tenancies in Peninsular Malaysia.

This article discusses the latest trends in international waqf research for purposes of better management and administration in Malaysia. It employs a doctrinal qualitative analysis, studying and analysing existing literature including research papers, statutes and primary authorities, in order to identify and recommend areas and the need for future research. The findings are that the trend and demand for waqf is no more restricted to identifying the basic legal framework and jurisprudence of waqf but the timely need to synergise, innovate, co-create and interface with other sectors and disciplines in strategising for waqf creation and development. In achieving this objective, the law must be strengthened, human capital management must be enhanced and support from the authorities is vital to match the professionalism of the complimentary sectors.