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Legally, negligence is the failure to do something that a reasonable person, influenced by those considerations that typically govern the conduct of human affairs, would do or the doing of something that a sensible and rational person would not do. In tort law, negligence refers to breaching a legal duty to exercise reasonable care, resulting in unintended harm to the complainant. What is medical negligence? Doctors who provide poor treatment...

Employment Act 1995 (“EA) is the primary legislation in Malaysia that outlines the legal rights and responsibilities of both employers and employees. Malaysia’s EA has undergone several amendments, which have been critically important to the country’s employment landscape. The most recent amendment came in 2022, and its enforcement set in on January 1, 2023. Who is covered under the EA? As it stood before the change, EA only concerned individuals...

What is the legal position of prostitution in Malaysia? There is no law within the Malaysian Penal Code which states that prostitution is illegal. People are not committing a crime under the Penal Code by being a prostitute unless they are Muslim. Sharia Law applies to Muslims, and Section 28 criminalises the act of women engaging in prostitution. Although prostitution is not illegal under the Penal Code, certain and often...

There are several occasions in a business where you may wish to exchange confidential information with a third party. The key to doing so securely is ensuring that the other party is required to maintain your confidential information and not use it against you. Non-Disclosure Agreements are a standard method for protecting the confidentiality of privileged information shared with a third party. A non-disclosure agreement (“NDA”) is a legally binding...