Common Law

Ideally, this branch of law originated from the UK and was introduced to Malaysia - previously Malaya during the 3 English Charters. The word common derived from normal practices amongst the Englishmen and later on these practices were adapted as a law which was common to all the residences of the UK. For some the common law was too rigid in certain areas and thus a new branch of law was born and was named Equity. In the present situation, English cases which was decided prior to 1957 were still being used as a precedent to the courts in Malaysia in the absence of course any local cases. However, the adaptation of the common law can be clearly seen in the Law of Torts and the Law of Contract.

I will again explain the details of Common Law in my other posts.