What is debt recovery? In legal terms, it is a process that allows you (as a creditor) to recover the debts that are owed to you (legally) by individuals or companies (“debtors”) arising from a breach of contract for service, contract for sale and purchase, loan agreement, etc. PRELIMINARIES If your debtor is an…
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What is a consumer tribunal? The Tribunal for Consumer Claims or the Tribunal Tuntutan Pengguna Malaysia (the “Tribunal”), an independent body established under the Consumer Protection Act (the “Act”) and operates under the Ministry of Domestic Trade, Co-Operatives and Consumerism, is a tribunal that is established to provide an alternate means for consumers to file…
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In this article, we will briefly discuss the ways in which an employee can be laid off, namely, retrenchment, voluntary separation scheme (VSS), and mutual separation scheme (mss). Retrenchment Retrenchment occurs when a company discharges surplus labour or staff. It can be done in six situations (as shown in section 12(3) of the Employment Act),…
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What is an offer to settle? An offer to settle is a legal gesture whereby a party to a trial proposes to settle his/ her gripe with the opposite party out of court before the matter is decided in its finality in court. The offer could come in myriad forms i.e. abstinence, compensation, or even…
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A tenancy agreement is an agreement entered between the owner of a property (the landlord) and an individual/ company (the tenant) where the landlord agrees to rent out the property to the tenant for a sum of money. During the tenancy period, what are the rights accorded to both parties? In this article, we will…
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What is a shadow director A shadow director is a director who: Is not formally appointed by the company; Are usually the ones who are controlling/ commanding the formally appointed directors (de jure directors) in the background; and The instructions given by them are usually followed and carried out by members of the board of…
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What is a Mareva Injunction A Mareva injunction is a court order which temporarily restrains the party being sued (defendant) from disposing of his/ her assets until the determination of the case between the suing party (plaintiff) and the defendant. In PCW (Underwriting) Agencies Ltd v Dixon & Anor, the court noted that the sole…
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Is litigation the only solution to a contractual dispute? The short answer is no. This is because, in reality, parties often have alternate ways to settle their dispute. Today, we will talk about one such method that could potentially prevent parties from having to fight tooth and nail in court. However, this particular method only…
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What is coercion in relation to contract If you look closely under the Contact Act 1950 (the Act), you will find two sections discussing what is coercion. You will find the first one in section 15 of the Act. Under section 15, the Act defines coercion as the act of committing, or threatening to commit…
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To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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