Category: Contractual Disputes

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A Brief Guide On Consideration

What is consideration? In contrast, the word “consideration” connotes an act/ abstention by the promisee (the person who accepts a contract offer) in return for the same by the promisor (the person who offers the contract). For example, the A offers B RM200. In return will repair A’s air conditioner. The consideration in the example…
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February 27, 2021 0

Misrepresentation 101

What is misrepresentation Misrepresentation is a false/ untrue/ misleading pre-contractual statement of fact made by one party (party A) that induces another party (party B) to enter into a contractual relationship with A, which usually results in B suffering loss. How many types of misrepresentation are there? There are three types of misrepresentation in Malaysia.…
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February 23, 2021 0

What Are “Restraint of Trade” Clauses?

If you read enough contractual agreements, you will occasionally stumble upon a clause in a contractual agreement that states that a party is restricted from acting in a certain manner for a certain period and/ or within certain local limits. Generally, such a clause is called a “restraint of trade clause”. More of it below. …
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February 17, 2021 0

The Basic Requirements To Form A Valid Contract

What are the requirements for a contractual agreement to be valid? In today’s article, we will briefly share just that. There must be an “offer” by the offeror Section 2(a) of the Contracts Act refers to the term “offer” as a proposal. Regardless, an offer is a term used to signify party A (an offeror)…
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January 31, 2021 0

How To Enforce A Monetary Order?

What happens you manage to obtain a monetary order/judgment against a person who owes you money (i.e. a debtor) but he refuses to comply with the order/ judgment? Below is a quick guide on some of the things you can do (legally!) to secure your money.   Bankruptcy proceeding Under this umbrella, the debtor will be…
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January 24, 2021 0

Introduction To “Friendly Loan”

What is a “friendly loan” A “friendly loan” is a loan: That is different from those a person obtain from a moneylender or financial institution; The loan is given on trust i.e. it might/ might not have a written agreement between the parties involved In order to secure the repayment of the loan, there may…
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November 30, 2020 0

A Quick Introduction To Consumer Tribunal

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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November 23, 2020 0

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…
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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…
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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…
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May 29, 2020 0