14. The Constitution of Malaysia
Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (malay, chinese, Indian) before Independence. However, increasing ethnic tension erupted in violence in 1969, after which the contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaces ethnicity as a source of discord. This book examines the Malaysia approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constition'.
15. McGregor on Damages
Widely regarded as the chief authority and the standard work on the law of damages for nearly 150 years,
McGregor on Damages new 19th edition adopts a definition of damages, both simplified and enlarged, brought about by the changes in the law that have come about over the years.
As ruled by The Court of Appeal in Simmons v Castle the best guidance on the heads of non-pecuniary loss recoverable are to be found in McGregor on Damages.
NEW FOR THE 19th EDITION
• The impact of the European Directive, implemented in the United Kingdom, on the damages to be awarded in our intellectual property statutory torts is analysed in detail.
• How the revolutionary Peters v East Midlands SHA, with the Court of Appeal holding that an injured person has an absolute right to choose private care over state-funded care, has progressed is documented.
• The virtual disappearance of Smith v Manchester awards on account of the new discounting criteria for contingencies of life in the Ogden Tables.
• Omak Maritime v Mamola Shipping and Grange v Quinn have cast new light on a contracting party’s right to claim for wasted expenditure, and the significance of the controversial Cullinane case is fully re-addressed.
NEW CHAPTERSThere are five new chapters, either new or by division of existing chapters including:• The Object Of An Award Of Compensatory Damages
• Terminology used in Compensatory Damages Awards
• Vindicatory Damages - pushed into the limelight by the six to three decision of the Supreme Court in Lumba v Secretary of State for the Home Department.
• Misfeasance In Public Office
• Invasion of PrivacyA primary reference tool on the general principles and the particular aspects of common law damages written by Harvey McGregor QC, an acknowledged authority for over 50 years, the book:
• Provide comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
• Clarify complex areas such as loss of a chance, mitigation, causation and exemplary damages
• Examine such issues as periodical payments and interest on damages
• Go through statement of case, the trial and appeals
• Consider damages in relation to particular contracts, tort and human rights:• Contracts
-Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Lease of Land. Sale of Shares and Loan of Stock, Contracts to Pay or to Lend Money, Building Contracts, Contracts for Carriage, Contracts of Employment, Contracts for Professional and Other Services, Contracts Concerning Principal and Agent. Contracts of Warranty of Authority by Agent• Tort
-Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office• Human Rights