EXERCISE FROM LECTURE

case 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.

1.Is Ryan liable under civil or criminal law?
2.What should the pedestrian do to recover his injuries/loss?

3.Should this case go to court, what will be Ryan’s right?

1.I think Ryan liable under civil law because Ryan called and talked with his wife through his mobile phone without the useof hands-free device and lost his control over his car and hit a pedestrian.

2. the pedestrian should lodge a police report and refer to court that he's not guilty to this case.

he should prove his injuries by hospital that handling this case.

3.Ryan right is to defence him self not caused that accident purposely. Ryan should pay a compound or compensation because his faulty. he should hire a lawyer and plead not guilty.

case 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.

1. Determine Geena's liability: civil or criminal?

2. What law(s) and statutes you think Geena has violated?

answer

1.Geena is liable for civil law and criminal law. Civil law is the body of laws established by a state or nation for its own regulation.it liable under law of criminal because it is involving the public people .The disputes created were among her and the victims of the unregistered online investment portal.moreover by holding a fake passport and committing computer crimes, Geena has offended the criminal law.

2. civil law-Geena has violated the Consumer Protection Act 1999 under Section 16 (a). Under this section, it stated that "no person shall demand for or accept, any payment or other consideration for goods or services, if at the time of the demand or acceptance that person does not intend to supply the goods or services."

criminal law-Geena is liable under Passports Act 1966, which stated"any person who forges, alters or tampers with his passport or internal travel document, or any visa or endorsement thereon, or without lawful authority uses or attempts to use, or has in his possession, any passport or internal travel document which has been so forged, altered or tampered with shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM $10,000 or to imprisonment for a term not exceeding 5 years or to both