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In its ordinary meaning, negligence is the failure to act as a reasonable person would or do something a reasonable person wouldn’t do. In tort law, negligence means breaking a legal duty to exercise care, causing unintended harm to the complainant. What is medical negligence? Medical negligence, also known as medical malpractice in Malaysia, is a breach of the duty of care owed by a healthcare professional to their patient,...

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...

Legality of Prostitution in Malaysia The prostitution industry is widely believed as immoral, but it’s still a business where demand and supply exist. For some, being a prostitute is their bread and butter, but how does the law regard this industry? Contrary to common assumptions, the Malaysian Penal Code does not directly regard prostitution as an illegal activity. Thus, individuals are not inherently breaking the law under the Penal Code...

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...