LAW OF AGENCY & ANTI-CORRUPTION

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5 Terms

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Agency

The law concerns agency. In Agency Law an agent will make a contract on behalf of a principal

with the third party. The agent will not be liable for the contract unless he exceeds his power.

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Creation of agency

The law here concerns implied creation of agency. The relevant one to consider is Ratification. If

the Principal ratifies on agent’s act then the principal will be liable.

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Commercial organization commits an offence

According to Malaysian Anti-Corruption Commission Act 2009 [MACC Act 2009] Firstly a

commercial organization commits an offence if its directors offer any form of gratification is

provided to an officer in a government department with the intention to secure a government

contract for the company.

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Director offered any form of gratification

According to MACC Act 2009 If the director offered any form of gratification to an officer in a

government department commits an offence under MACC Act 2009. He will be personally liable

as he seeks to induce the officer.

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