Lawyers often use certain words that, although they are everyday words, but they have a legal meaning, normally derived from the relevant statutes. So laymen tend to confuse them with their ordinary meaning, without having an inkling as to its legal meaning. Don’t worry; it’s not a crime. But it does go a long way in showcasing whether you have any legal background or otherwise.
Hire Purchase Law
Here, the law in question is primarily provided for under the Hire Purchase Act, 1967. The concept itself is hire, leading to purchase. So, although the title / grant of the vehicle is in your name, it is actually not your car. There is a caveat stamp that says “Hakmilik Dituntut” (Ownership Claim) by the Bank that granted you the hire purchase arrangement. So, technically, “your car” is owned by that Bank. Until you settle the amount in full, that is.
And the amount owed is not a “loan”, by the way. It is a hire purchase sum, and subject to the terms and conditions entrenched in the Hire Purchase Agreement.
Likewise, the Bank is the Owner, and you are just a Hirer. So, legally speaking, you don’t own that Mercedes Benz S600 yet. You just hired it with the intention of the hire leading to purchase. When the hire period ends, which could be anything between 36 months or 60 months or even 108 months, then the Hire Purchase Agreement is satisfied and completed, and it is then time for the Bank to withdraw its Ownership Claim, and only then you can proudly claim the car rightfully, legally and solely as yours.
That is if everything goes on smoothly. If it doesn’t, you will meet with a lot of unpleasant experience, with legal notices under several “schedules” and leading to a process of repossession. One fine day, you could be on your way to work when a few thug looking guys block and take possession of your car. It simply means that the Bank is exercising its right as the Owner. That would be the time when you would realize that the car is not yours after all. You will find that the Bank is hostile, no longer the friendly party that they used to be. The honeymoon relationship between Owner and Hirer is finally over.
Company Law
The company law is provided for under the Companies’ Act, 1965. It has been widely amended and revamped in 2016. But most of the basic terms therein remain the same. A Director is still a Director, a Share is still a Share.
The most common misconception is that the company is owned by the Managing Director. This is probably correct in private limited companies; normally small, family owned companies. But in larger companies, a company is actually owned by its shareholders.
The Directors and the Management Team manage and direct the company in everyday situations, and they would have to report back to the shareholders at least on an annual basis. And normally their positions are contracted, meaning they have to retire or seek reelection.
Business concerns also comprise of Business Enterprise like Sole Proprietorship, Partnership and Companies. Companies can be private limited, public limited or unlimited entities. So your position as Sole Proprietorship, Partner, Director et cetera must follow the nature of the business. For example, you cannot be a Director if the business concern is a Partnership.
Litigation
There are different modes of instituting a legal action. It depends on the respective individual cause of action. Generally, there are the Originating Summons, Originating Motions, Writ of Summons and Petition. To explain it simply, these are like knives. You have one to cut meat, a different one for vegetables and another one for onions or fruits.
So the terms for the parties therein varies as well; for example Plaintiff and Defendant, Claimant and Respondent, Appellant and Respondent and Petitioner and Respondent. They can be confusing, for example if an appeal goes to several stages. Generally a case that started in the High Court has two stages of appeal i.e. to the Court of Appeal and then to the Federal Court as the apex court in the country.
In criminal matters, you would also hear parties like “Pendakwaraya” (meaning the Public Prosecutor) and “Orang Kena Tuduh” or simply OKT (meaning the Accused). These terms are quite obvious and self-explanatory.
Abbreviations
As if the above is not enough, lawyers love to confuse their clients with abbreviations like MOB (Mention On Behalf), SS (Substituted Service), JID (Judgement In Default), CM (Case Management), OIT (Order In Terms) and a plethora of other seemingly complex but actually understandable terms. Don’t be overwhelmed; ask what they actually mean.
Law is all about language; its usage and interpretation. A lawyer is a David Copperfield when it comes to words; he can do magic. The sage way to handle it as a wise client would be to watch and consume it slowly from beginning to end. Don’t feel intimidated and feel free to stop them and ask questions. It’s your right as a paying, esteemed client.
We at CSQ try our level best to make the client feel comfortable, and to explain clearly what is the strategy and way forward. We try to work together and get the client to feel involved every step of the way. We believe that is the best way in building ultimate trust and confidence. If there are anything which we can help, do not hesitate to contact our lawyers.
