Hospitality and Tourism Law for Hajj & Umrah – Key Vocabulary

Vocabulary flashcards covering major legal terms, concepts, and statutory references from the Hospitality and Tourism Law lecture notes, suitable for exam revision.

Parliament

The Malaysian legislative body responsible for making statutes (laws).

Executive

Branch of government that implements and enforces laws passed by Parliament.

Judiciary

Branch of government that interprets laws and administers justice through the courts.

Statutes

Written laws enacted by Parliament.

Superior Courts

Higher-level courts in Malaysia (High Court, Court of Appeal, Federal Court).

Magistrate Court

Lower court that hears civil claims up to RM100,000 (Second Class up to RM10,000).

Session Court

Intermediate court that handles civil claims up to RM1,000,000.

High Court

Superior Court with original jurisdiction over civil claims exceeding RM1,000,000 and appellate jurisdiction from lower courts.

Court of Appeal

Second-highest court, hearing appeals from the High Court.

Federal Court

Malaysia’s apex court, final court of appeal.

Appellate Jurisdiction

A court’s power to review and revise decisions of lower courts.

General Jurisdiction

Authority of a court to hear almost any type of case brought before it.

Limited Jurisdiction

Authority of a court restricted to specific types or amounts of claims.

Constitutional Monarchy

Malaysia’s system of government headed by a monarch whose powers are limited by a constitution.

Unilateral Offer

An offer made to the world at large that can be accepted by anyone who performs the required act (e.g., discount voucher).

Bilateral Offer

An offer directed to a specific offeree, acceptance forming mutual obligations.

Invitation to Treat

A mere request for others to make offers; not itself an offer (e.g., goods displayed on shelves).

Certainty in Contract

Requirement that all essential terms of a contract are clear and specific.

Consideration

Something of value exchanged for a promise; need not be monetary.

Capacity to Contract

Legal competence of a person to enter into a binding agreement.

Counter Offer

A new offer made by an offeree rejecting the original offer.

Fraudulent Misrepresentation

False statement made knowingly or without belief in its truth, inducing another to contract.

Innominate Term

Contract term that cannot be classified as a condition or warranty until breach occurs.

Sale of Goods Act 1957 (SOGA)

Malaysian statute governing sales of goods, implying basic terms into such contracts.

Consumer Protection Act 1999 (CPA)

Law providing rights and remedies to consumers for goods and services.

Implied Term

Provision inserted into a contract by law (e.g., goods must match description).

Section 14 Title to the Goods

SOGA provision implying the seller has right to sell the goods.

Section 15 Sale by Description

SOGA provision requiring goods to correspond with their description.

Section 16(1)(a) Fitness for Purpose

SOGA term implying goods will be fit for the buyer’s specified purpose.

Contra Proferentem Rule

Principle that ambiguous exclusion clauses are interpreted against the party relying on them.

Right to Redress

Entitlement of a person to compensation or other remedy for loss suffered.

Consumer Claims Tribunal

Forum established under the CPA 1999 to resolve consumer disputes cheaply and quickly.

Consumer (CPA)

A person who acquires goods or services for personal, domestic, or household use.

Duty of Care

Legal obligation to act reasonably to avoid foreseeable harm to others.

Negligence

Failure to exercise reasonable care, resulting in damage to another.

Assumption of Risk

Defence where plaintiff knowingly and voluntarily accepts inherent risks (e.g., swimming with ‘No Lifeguard’ sign).

Federal System

Government structure dividing powers between federal and state levels.

Federal List

Matters in the Constitution on which only the federal Parliament may legislate.

Plaintiff

Person who brings a civil action (sues) in court.

Defendant

Person against whom a civil action is brought; the party being sued.

Licensed Tourist Guide

Certified individual who provides accurate information, ensures safety, and assists tourists during tours.

Malaysian Association of Tour and Travel Agents (MATTA)

Industry body of which every licensed travel agent or tour operator must be a member.

Inbound Tour

Tour conducted within Malaysia for tourists arriving from abroad.

Force Majeure

Unforeseeable external event freeing parties from contractual liability (e.g., natural disaster).

Privacy Obligation (Travel Agency)

Legal requirement to keep clients’ personal data confidential and state data usage in terms and conditions.

Misrepresentation

False statement of fact inducing another party to enter a contract.

Implied Guarantee as to Title (CPA §31)

CPA assurance that goods are free from undisclosed security, giving buyer rightful ownership.