Category: Contractual Disputes

Legal Service Provider In Malaysia For Corporate Law, Legal Advice, Legal Assistance, Commercial Litigation And Arbitration

Dispute Resolution Clauses for Contract

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…
Read more

September 19, 2020 0

The Coercion Conundrum

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…
Read more

September 7, 2020 0

Unjust Enrichment

What is unjust enrichment It is an occurrence in law (usually in a contractual dispute) whereby a person is enriched at the expense of another, and the enrichment is deemed to be unjust in the eyes of the law.  For example, A and B entered into a contract whereby A will pay a sum of…
Read more

May 29, 2020 0

The Controller of Housing and The Power to Modify SPA

What happens if your house is not build on time? Can your developer apply for an extension of time to the Controller of Housing to extend the completion date? Is the Controller of Housing empowered to determine such an issue? To find out more, let us look at the Federal Court case of Ang Ming…
Read more

April 2, 2020 0

Claims That Can be Pursued under CIPAA 2012

What kind of payment claim can a party in a construction contract claim under the Construction Industry Payment and Adjudication Act? To find out more, let us briefly look at the Federal Court case of Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd & Another Appeal, where the court had the chance to…
Read more

February 29, 2020 0

Breaching A Yet To Be Performed Agreement – Is It Even Possible?

Can you sue a person/entity for a breach of agreement/ contract (that you both entered) which is not yet due to be performed by that person/entity? Let us find out more about it, by briefly look at the case of Yaw Chun Soon v. Newfields Land Sdn Bhd. Brief facts of the case Newfields entered…
Read more

January 31, 2020 0