In Malaysia, various legal myths persist, often causing confusion and misunderstandings. Here, we address and debunk the top 10 legal misconceptions to provide a clearer understanding of the legal landscape.
1. Ignorance of the Law is an Excuse
Myth: If you are unaware of a law, you cannot be held accountable for breaking it. Fact: "Ignorantia juris non excusat" (ignorance of the law excuses not) is a fundamental principle in Malaysian law. As stipulated in Section 21 of the Penal Code, every individual is presumed to know the law and is responsible for complying with it.
Case Example: In Public Prosecutor v. Mohammad bin Abdul Rahman [1971] 1 MLJ 106, the defendant claimed ignorance of the law regarding illegal possession of a firearm. The court upheld that ignorance of the law was not a defense
2. Verbal Agreements Are Not Legally Binding
Myth: Only written contracts are enforceable.
Fact: Verbal agreements can be legally binding in Malaysia if they meet the essential elements of a contract: offer, acceptance, intention to create legal relations, and consideration, as outlined in the Contracts Act 1950 (Act 136). However, proving the terms of a verbal agreement can be challenging without written evidence.
Case Example: In Goh Yew Chew v. Soh Kian Tee [1966] 1 MLJ 118, the court upheld a verbal agreement for the sale of goods, provided there was sufficient evidence to substantiate the terms of the contract.
3. You Cannot Be Arrested Without a Warrant
Myth: Police need a warrant to arrest someone.
Fact: Malaysian law, specifically under Section 23 of the Criminal Procedure Code, allows for arrests without a warrant in certain situations, such as when a crime is committed in the presence of a police officer or when there is reasonable suspicion that a person is involved in criminal activity.
Case Example: In PP v. Somwang Phatnang [1981] 1 MLJ 82, the court confirmed that police could arrest without a warrant when they have reasonable grounds to believe an individual is involved in a criminal offense.
4. Signing a Contract Means You Have No Way Out
Myth: Once you sign a contract, you are irrevocably bound by its terms.
Fact: Contracts can be challenged and voided under certain circumstances, such as fraud (Section 17 of the Contracts Act 1950), misrepresentation (Section 18 of the Contracts Act 1950), undue influence (Section 16 of the Contracts Act 1950), or if the contract is unconscionable or illegal (Section 24 of the Contracts Act 1950).
Case Example: In Sim Thong Realty Sdn Bhd v. Hasmah bte Ab Rahman [1996] 2 MLJ 12, the contract was voided due to misrepresentation by one of the parties.
5. All Lawyers Are the Same
Myth: Any lawyer can handle any legal issue.
Fact: Lawyers specialize in different areas of law, such as criminal, civil, corporate, family, and property law. It is crucial to choose a lawyer with the appropriate expertise for your specific legal needs. The Legal Profession Act 1976 regulates the qualifications and specialization of lawyers in Malaysia.
Case Example: In Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Anor [1996] 1 MLJ 261, a constitutional lawyer was necessary to address issues related to administrative law and employment rights.
6. Legal Proceedings Always Take Years to Resolve
Myth: All legal cases drag on for years.
Fact: The duration of legal proceedings varies depending on the complexity of the case, the court's schedule, and the efficiency of the legal process. Many cases are resolved relatively quickly, especially if they are straightforward. The Rules of Court 2012 provide mechanisms for expedited hearings in certain circumstances.
Case Example: In Dagang Net Technologies Sdn Bhd v. Satoserve Sdn Bhd [2018] 1 MLJ 653, the court expedited the hearing due to the urgent nature of the dispute.
7. Pre-nuptial Agreements Are Not Enforceable
Myth: Pre-nuptial agreements have no legal standing in Malaysia.
Fact: Pre-nuptial agreements can be enforceable in Malaysia if they are drafted correctly and meet legal requirements. They must be fair, entered into voluntarily, and with full disclosure of assets. The Law Reform (Marriage and Divorce) Act 1976 governs the enforceability of such agreements.
Case Example: In Tee Eng Hong v. Tan Swee Heng [2012] 5 MLJ 95, the court upheld a pre-nuptial agreement, provided it was fair and equitable.
8. A Will Cannot Be Contested
Myth: Once a will is made, it cannot be challenged.
Fact: Wills can be contested on various grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution. Contesting a will requires legal proceedings and sufficient evidence. The Wills Act 1959 outlines the requirements and grounds for contesting wills.
Case Example: In Re Tan Tye v. Tan Teck Neo [1998] 2 MLJ 100, the will was contested on grounds of undue influence and lack of testamentary capacity, and the court ruled in favor of the contesting party.
9. Police Reports Automatically Lead to Prosecution
Myth: Filing a police report guarantees that the accused will be prosecuted.
Fact: Filing a police report initiates an investigation, but it does not guarantee prosecution. The decision to prosecute depends on the evidence gathered and the discretion of the public prosecutor, as guided by the Public Prosecutor's discretion under Article 145(3) of the Federal Constitution.
Case Example: In PP v. Datuk Haji Harun bin Haji Idris [1977] 1 MLJ 180, the public prosecutor exercised discretion based on the evidence to decide on the prosecution.
10. You Cannot Sue the Government
Myth: The government is immune from lawsuits.
Fact: The government can be sued under certain circumstances, such as for breaches of contract or tortious acts. The Government Proceedings Act 1956 sets out the procedures and limitations for bringing legal actions against the government.
Case Example: In Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Anor [1996] 1 MLJ 261, the plaintiff successfully sued the government for wrongful dismissal under administrative law principles.
Conclusion
Understanding the realities behind these common legal myths can help individuals navigate the Malaysian legal system more effectively. For accurate legal advice and representation, it is always best to consult with qualified legal professionals, such as those at Ketch & Associates, who can provide expert guidance tailored to your specific needs.
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