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COVID-19: The Application of the Doctrine of Frustration in a Tenancy Agreement
Hazlina Mohd Padil1, Farihana Abdul Razak2, Nor Laila Ahmad1, and Noorsaliza Amin Nudin3
1Faculty of Law, Universiti Teknologi MARA, Cawangan Negeri Sembilan,
Kampus Seremban, Seremban, Negeri Sembilan, Malaysia
2Faculty of Law, Universiti Tekologi MARA, Cawangan Perak,
Kampus Tapah, Perak, Malaysia
3Faculty of Law, Universiti Teknologi MARA, Cawangan Pulau Pinang,
Kampus Permatang Pauh, Pulau Pinang, Malaysia
ABSTRACT - One of the concerns that many people care about is how well they are going to maintain their rental contracts since the COVID-19 pandemic affects the living conditions of people and businesses. The existence of COVID-19 pandemic causing frustration among tenants and owners of the rental property which has legal implications, such as contractual and non-performing damages. A contract is deemed to be frustrated if it becomes impossible or unlawful to be performed. Hence if a tenancy agreement does not contain a force majeure clause, then the innoncent party may refer to the doctrine of frustration to relieve from liability. The doctrine of frustration is essentially a situation in which one party finds that they are unable to fulfill their contractual obligation by no fault of their own because it has become impossible to do so. By utilizing a legal research method, this paper analyses the doctrine of frustration that governs the matter relating to tenancy agreement during COVID-19. The paper concluded that the doctrine of frustration is a special case to discharge a contract by an impossibility of performance after the contract has been agreed. Thus, the strict interpretation of section 57 of the Contracts Act 1950 by the court is to prevent the abuse of the contracting parties by using the doctrine of frustration to relieve them from their obligation in the contract.
Key Words: COVID-19, Doctrine of Frustration, Tenancy Agreement, Contracts.
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Development and Validation of a Production Planning Model for Throughput Shortage Recovery Through Process Parameter Adjustment in Semiconductor Manufacturing
Ho Kok Hoe, Joshua Prakash, Ong Kok Seng
Faculty of Engineering and Green Technology, Universiti Tunku Abdul Rahman
ABSTRACT - Throughput shortage recovery using existing productivity improvement activities do not associate quantitatively with process parameters. The study aims to develop and validate a throughput shortage recovery model through process parameters adjustment in a semiconductor assembly. The mathematical model of planned throughput as a function of process parameters in a series of process is developed. When there is throughput shortage, it is added to the planned throughput of subsequent day where mathematical programming search the adjusted values of process parameters to meet new planned throughput. The proposed throughput shortage recovery is essentially a production planning model associating process parameters with throughput and throughput shortage quantitatively. The streamline of throughput shortage reduction indirectly enables manufacturers to reduce inventory buffers, optimize cycle time, and meet customer due date expectation.
Key Words: Throughput shortage recovery, planned throughput, adjustment of process parameters, productivity improvement, mathematical programming.
Experimental Modelling of Tsunami-Like Waves Approaching the Gentle Coast of Malaysia
Wei Chek Moon1*, Tze Liang Lau1, How Tion Puay2, Pei Teng Lum2
1School of Civil Engineering, Universiti Sains Malaysia, 14300 Nibong Tebal, Penang, Malaysia
2River Engineering and Urban Drainage Research Centre (REDAC), Universiti Sains Malaysia, 14300 Nibong Tebal, Penang, Malaysia
ABSTRACT - Tsunamis are destructive waves that contain a series of long period waves. The enormous force of tsunami waves on coastal infrastructures has been evidentially demonstrated by the 2004 Indian Ocean tsunami. As the variability of tsunami-induced force is based on a site-specific basis, an insight into the flow characteristics of tsunami waves is important for tsunami preparedness and the safety of civil engineering structures. The purpose of this study was to reproduce and investigate the phenomenon of the 2004 unprecedented tsunami occurrence in Malaysia. Experiments were conducted in a 40 m long wave flume with a platform designed based on a relatively gentle slope for the tsunami-prone coastal areas in Malaysia. A detailed methodology for the generation of tsunami-like waves through the release of a water impoundment behind a gate was presented. For a Froude scaling ratio of 1:50, the experimentally generated maximum flow depths ranged from 2.5 m to 5 m with front celerity ranging from 10.6 m/s to 19.9 m/s in the prototype scale. A good agreement with the post-tsunami observations was demonstrated. The present findings, therefore, provided relevant information to assist the Malaysian government in the resilience preparation.
Key Words: Tsunami; Malaysia; Gentle coast; Water surface profiles; Flow velocities
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Hypolipidaemic effect of saffron aqueous extract on experimentally induced hypercholesterolaemic rabbits – A concept paper
Iman Nabilah Abd Rahim¹, Noor Alicezah Mohd Kasim1,2,3, Effat Omar1,2,3, Hapizah Mohd Nawawi1,2,3
¹Faculty of Medicine, Universiti Teknologi MARA, 47000 Sungai Buloh, Selangor, Malaysia; ²Department of Pathology, Universiti Teknologi MARA, 47000 Sungai Buloh, Selangor, Malaysia; 3Institute of Pathology, Laboratory and Forensic Medicine (I-PperForM), Universiti Teknologi MARA, 47000 Sungai Buloh, Selangor, Malaysia
ABSTRACT - Hyperlipidaemia is one of the risk factors of cardiovascular diseases (CVDs). CVDs is the world’s leading cause of death. Nowadays it has become a major issue in public health problem of developing countries. Although statin has been widely accepted as anti hypolipidaemic agent, it has been associated with statin intolerance. Even worst, few studies found that statin stimulate atherosclerosis and heart failure. Saffron has been reported to have anti dyslipidemic effects. Previous study demonstrated that saffron aqueous extract significantly reduced the triglycerides (TG), total cholesterol (TC), and low-density lipoprotein-cholesterol (LDL-C) and increase high density lipoprotein-cholesterol (HDL-C) in male Wistar rats. However, the effect of saffron extract on rabbits is not widely studied. Thus, our objective is to explore the effect of saffron extract on high cholesterol diet fed rabbits. 25 New Zealand white rabbits will be divided into two groups which are baseline and intervention groups. The intervention group will be further subdivided into smaller group which will receive saffron aqueous extract (SAE) at 25 mg/kg/day and 50 mg/kg/day, normal saline and statin powder for 8 weeks. Serial fasting serum lipid profile will be obtained at scheduled interval. We expect novel findings on in-vivo hypolipidemic effects of SAE which could be translated into possible natural supplement to treat dyslipidemia.
Key Words: Hyperlipidaemia, saffron, Crocus sativus L., lipid profile, rabbits.
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The Role of Competency Profile and the Intermediary Role of Employee Participation in the Effectiveness of Work of a Sports Coach and Instructor – concept of doctoral dissertation
University of Lodz (Poland)
ABSTRACT - A coach and instructor in a sports club has many roles to play. He or she is not only a trainer, but also a psychologist, a teacher, and often a friend. In many cases, coaches and instructors are also sports officials in the clubs where they work, or participate in the club’s management where they oversee the development and finances of the club. Employee participation is an integral and immanent part of human resource management. It is aimed at providing employees with extensive opportunities for professional development and strengthening their involvement in the operation of the organisation, which results in increased work effectiveness. The main aim of the author is to present the concept of the doctoral dissertation entitled “The Role of Competency Profile and the Intermediary Role of Employee Participation in the Effectiveness of Work of a Sports Coach and Instructor”.
Key Words: sport management, employee participation, emotional intelligence, effectiveness of work
The Test Consequences of an Outcome Based Assessment
Ainol Madziah Zubairi2
Academy of Language Studies, UiTM1
Kuliyyah of Education, International Islamic University of Malaysia2
ABSTRACT - The assessment reform around the world has culminated in the adoption of various assessment system that focuses on student learning, and in the case of higher education institutions in Malaysia, Outcome Based Assessment (OBA) was adopted. Since OBA is claimed to be an effective system to enhance student learning, it is interesting to note that learning may be debilitated by poor assessment practices. The present study intends to investigate how OBA has thus far influenced student learning, i.e. students’ in-class learning, out-of-class learning, learning outcomes as well as factors that either promote or inhibit the intended washback.
Key Words: OBE, OBA, washback, test consequences, Malaysia
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Publish or Perish Empirical Research Writing and Mass Media Writing as Scholarly Training
Airil Haimi Mohd Adnan Academy of Language Studies, Universiti Teknologi MARA Perak Branch (UiTM), Bandar Baharu Seri Iskandar,
32610, State of Perak, Malaysia
ABSTRACT - Whereas one can easily compile a long list of articles in scholarly journals about the importance of the skill of writing for tertiary level students at colleges and universities, the opposite is likely true with regards to instructors and educators in those institutions. Perhaps, we take it for granted that instructors and educators in colleges and universities should already be highly competent (or at least reasonably capable) in both the scholarly traditions of empirical research writing and mass media academic writing. This chapter discusses both genres of writing and considers the roles of both empirical research writing and mass media academic writing in the makings of a ‘true’ scholar. Although the tradition of ‘publish or perish’ is felt strongly at research-focused tertiary institutions, the desire to publish scholarly work as research articles or popular media ones should by right, be burning deep in the hearts and minds of tertiary instructors and educators to make their academic careers a highly memorable one. Considering that to be a source of reference, to be respected both in academia and society, and to be relevant as a ‘public figure scholar’ should be the end product of a fulfilling and rewarding academic life, this chapter passionately argues that tertiary level instructors and educators who are not well versed in the skills of writing or those who are unproductive scholarly writers offer little to the world other than being glorified teachers at colleges and universities. This is to be avoided like a pandemic, especially for newcomers to the profession and those who aspire to do much more than just teach at tertiary level. Indeed, at colleges and universities, instructors and educators should actively engage in scholarly writing to share their empirical research findings with their peers and further to communicate practical knowledge to members of society.
Key Words: Academic writing, Mass media, Research, Scholarship, Tertiary education.
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