Tenancy Agreement: Can Tenant Declare that the Agreement is Void due to Movement Control Order?

The government of Malaysia has declared Movement Control Order (MCO) for the whole Malaysia in order to flatten the curve of Covid-19 infection. Universities, such as UiTM, consequently has been ordered by the government to close its campuses and as such students who are renting a house are wondering whether they can terminate the tenancy agreement which they have entered into. The paper analyses the legal position of doctrine of frustration and force majeure in this context. The analysis is done based on the cases and/or legal provisions from various jurisdiction such Malaysia, Singapore, and the United Kingdom. This paper finds that force majeure clause is most likely cannot be used to terminate the agreement because this clause is usually not included in the terms of the agreement. Doctrine of frustration on the other hand might be use as a ground to terminate the agreement. However, the court will apply the doctrine of frustration in a very careful manner so as to respect the sanctity of the agreement. In conclusion, whether or not tenancy agreement can be terminated due to MCO, it will all depends on the terms of each tenancy agreement. Keywords- Contract; Covid-19; force majeure; frustration; MC

Gangguan seksual di tempat kerja : Tinjauan undang-undang / Shamsinar Rahman and Suria Fadhillah Md Pauzi

Gangguan seksual adalah subjektif. Ini menyebabkan ramai yang masih kabur tentang maksud konsep ini. Secara ringkasnya bolehlah dikatakan bahawa gangguan seksual adalah perbuatan berbau seksual yang bukan berlandaskan sukarela mangsa kepada golongan yang dominan di tempat kerja. Gangguan Seksual merupakan suatu fenomena negatif di tempat kerja yang boleh memberi kesan buruk kepada mangsa dan organisasi. Kesedaran orang ramai amat perlu berhubung dengan gangguan seksual ini kerana ia bukan sahaja melibatkan seorang individu malahan ianya juga boleh mengakibatkan terjejasnya produktiviti organisasi. Mangsa yang pernah mengalami gangguan seksual akan sentiasa dihantui oleh masalah ini dan merasa jiwa mereka tertekan. Mereka akan merasa marah, terhina, malu dan takut serta menyalahkan diri sendiri atas apa yang berlaku. Kajian ini bertujuan untuk melihat peruntukan undang-undang sedia ada berkaitan permasalahan ini

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Malaysian nasal polyps: eosinophil or neutrophil-predominant

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A Rare Tumor in the Neck of a Child: Plexiform Neurofibroma

Plexiform neurofibroma represents an uncommon variant of neurofibromatosis type 1, constituting only 5%–30% of all cases. Plexiform neurofibroma is usually diagnosed during childhood and arises from multiple nerves, manifesting as bulging and deforming masses that can also involve connective tissue and skin folds. We report a case of a two-year-old girl who presented with worsening stridor since birth and later exhibited progressively increasing left neck swelling at the age of 10 months old. Ultrasound and magnetic resonance imaging (MRI) showed a lobulated solid mass in the left deep neck space extending to the midline and having a mass effect on the airway with involvement of the supraglottic region. Tracheostomy was done, and a biopsy of the supraglottic lesion revealed a plexiform neurofibroma. The patient was conservatively managed after a discussion with her parents concerning the associated potential of operative morbidity. The patient’s parents had learned about tracheostomy care, and the patient was scheduled for yearly MRI surveillance. MRI was performed again three months after the initial diagnosis and showed stable lesion. Plexiform neurofibroma is a slow-growing tumor. A treatment decision must consider the benefits of surgery and the morbidity of the progressing disease. Hence, airway management is crucial prior to the final decision of such cases

Machine Learning Methods for Breast Cancer Diagnostic

This chapter discusses radio-pathological correlation with recent imaging advances such as machine learning (ML) with the use of technical methods such as mammography and histopathology. Although criteria for diagnostic categories for radiology and pathology are well established, manual detection and grading, respectively, are tedious and subjective processes and thus suffer from inter-observer and intra-observer variations. Two most popular techniques that use ML, computer aided detection (CADe) and computer aided diagnosis (CADx), are presented. CADe is a rejection model based on SVM algorithm which is used to reduce the False Positive (FP) of the output of the Chan-Vese segmentation algorithm that was initialized by the marker controller watershed (MCWS) algorithm. CADx method applies the ensemble framework, consisting of four-base SVM (RBF) classifiers, where each base classifier is a specialist and is trained to use the selected features of a particular tissue component. In general, both proposed methods offer alternative decision-making ability and are able to assist the medical expert in giving second opinion on more precise nodule detection. Hence, it reduces FP rate that causes over segmentation and improves the performance for detection and diagnosis of the breast cancer and is able to create a platform that integrates diagnostic reporting system

Expression of autophagy and mitophagy markers in breast cancer tissues

Mitochondria play important roles in regulating cell bioenergetics status and reactive oxygen species (ROS) generation. ROS-induced mitochondrial damage is among the main intracellular signal inducers of autophagy. Autophagy is a cellular catabolic process that regulates protein and organelle turnover, while a selective form of autophagy, mitophagy, specifically targets dysfunctional mitochondrial degradation. This study aims to measure the levels of autophagy, mitophagy, oxidative stress, and apoptosis in invasive breast carcinoma tissues using immunohistochemistry (IHC). Tissue microarrays of 76 patients with breast cancer were stained with six IHC markers (MnSOD, Beclin-1, LC3, BNIP3, Parkin, and cleaved caspase 3). The expression intensity was determined for each tumor tissue and the adjacent tumor-matched control tissues. Intermediate and strong staining scores of MnSOD, Beclin-1, LC-3, BNIP-3, and Parkin were significantly higher in tumor tissues compared to the adjacent matched control. The scoring intensity was further classified into tissues with negative staining and positive staining, which showed that positive scores of Beclin-1 and Parkin were significantly high in tumor tissues compared to other markers. Positive association was also noted between BNIP-3 and Beclin-1 as well as LC-3 and cleaved caspase-3 immunostaining. To our knowledge, this is one of the first studies that measure both mitophagy and autophagy in the same breast cancer tissues and the adjacent matched control. The findings from this study will be of great potential in identifying new cancer biomarkers and inspire significant interest in applying anti-autophagy therapies as a possible treatment for breast cancer

Doctrine of frustration and force majeure clause: its application on tenancy contract during the movement control order in Malaysia

The government of Malaysia has declared the Movement Control Order (MCO) for the whole nation in order to flatten the curve of COVID-19 infection. The MCO has, among others, caused parties in a contract to question the effect of the MCO on the contract. As the areas of law are wide, this paper aims to discuss the effect of MCO on a tenancy contract. The paper analysed the legal position of doctrine of frustration and force majeure clause in the context of tenancy contract in Malaysia. The analysis was done based on the law cases and legal provisions in Malaysia. Reference was also made to case law from the United Kingdom and Singapore as their law is in pari materia with Malaysian law and they are persuasive in nature. This paper found that the doctrine of frustration can be invoked if the performance of the obligation under the tenancy contract is prevented due to the MCO. However, the court will apply the doctrine of frustration in a very careful manner to respect the sanctity of the agreement. As for the force majeure clause, it can be successfully invoked if the scope of the clause covers the event in question, such as the MCO. In conclusion, whether a tenancy contract can be terminated due to the MCO, it will depend on the terms of each tenancy contract