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Fusion Reception

The document discusses the fusion of common law and equity in England and Malaysia. It notes that under the Supreme Court of Judicature Act 1873, the common law courts and Chancery Court were merged into the Supreme Court, allowing both legal and equitable remedies to be awarded by any division. While some argue the systems have fused, others believe they still operate closely but separately. The reception and application of English legal principles in Malaysia is also examined, with the courts generally taking a broad approach to apply principles of natural justice and equity.

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Afidatul Azwa
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413 views2 pages

Fusion Reception

The document discusses the fusion of common law and equity in England and Malaysia. It notes that under the Supreme Court of Judicature Act 1873, the common law courts and Chancery Court were merged into the Supreme Court, allowing both legal and equitable remedies to be awarded by any division. While some argue the systems have fused, others believe they still operate closely but separately. The reception and application of English legal principles in Malaysia is also examined, with the courts generally taking a broad approach to apply principles of natural justice and equity.

Uploaded by

Afidatul Azwa
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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FUSION OF COMMON LAW N EQUITY The object of supreme court was to enable equity and common law to be administered

under the newly established supreme court of judicature-took over the jurisdiction of chancery court and common law courts-3 division 1. Quenns bench 2. Probate,divorce and admiralty 3. Chancery Both common law and equitable remedies can be awrded by any division-supreme court merged the administration of the 2 system-debate whether the sysytems have been fused into one Ashburner in principles of equity The two streams of jurisdiction though they run in the same channel, run side by side and do not mingle their waters

Lord diplock-united scientific holdings The innate conversatism of English lawyers may have made them to recognize that by scja, the two systems of subjective and adjectival law formerly administered by courts of law and chancery courts were fused

The prevailing view appears to be that although the two systems operate closely together they are not fused scja provided for what was happened in cases where equity and common law conflicted. Sec 25(11) scja states that equity shall prevail Walsh v Lonsdale RECEPTION The extension of English legal principle to ceded or conquered territories.

Statutory 1st royal- directs that the court shall in deciding civil cases give judgement according to justice and right 2nd royal- extended the English law that applied in penang to Malacca 3rd royal- repealed the second charter only to extent necessary to recognized the court of judicature Trustee act Specific relief act Law reform act Civil law act Sec 3(1)- common law , rules of equity and statutes of general application shallbe applied so far only as the circumstances of the states of Malaysia and their respective inhabitants permits and subject to such qualifications as local render necessary

JUDICIAL RECEPTION The court in Malaysia firmly held that the view that they had the widest possible jurisdiction to do justice between the parties by applying principles of natural justice and equity.

1. Maxim of equity applied - Khoo hock leong v lim ang kee - In an action for the recovery of land, court found that the plaintiff was entitled to recover possession but also found that the defendant inhonest belief that the land was his spent money on the improvements to it. Court applied the maxim he who seek equity must do equity andordered the defendant to be compensated for his improvements 2. Bare trust - Once a contract for sale of land is concluded the vendor becomes in equity a trustee for the purchaser eventhough delivery of possession or transfer of title has not taken place. well established in Malaysian courts - Ong chat pang v valiappa chettiar 3. Equity and the Malaysia land law - UMBC V pemungut hasil tanah kota tinggi the NLC is a complete and comprehensive code governing land tenure in msia and there is no room for the importation of any rule of English land law

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