Must a contract be hand signed? In reality, it is not entirely necessary- no law in Malaysia says a traditional signature is required for a valid contract- a thumbprint, or any other markings, can still be considered a valid signature, as long as it can establish the party’s intention to enter into a contract. Electronic…
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What is a subpoena? What do you do when you receive one? Can you avoid/ ignore it? A brief introduction to subpoena A subpoena (known as subpoena duces tecum in Latin) is a court document: That compels the attendance of the individual or certain individual of a company in court to testify as a witness;…
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Instant messaging platforms such as WhatsApp, Telegram, WeChat and etc are increasingly becoming mainstream communication tools for many small-medium enterprises (SMEs) in Malaysia. In fact, the Digital News Report 2017 has named Malaysia as the world’s largest WhatsApp user. The courts have acknowledged the escalating use of these instant messaging platforms by allowing instant messages…
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Can Malaysian courts determine a dispute based on foreign law? This question was briefly dealt with in the high court case of Atico Overseas Ltd v Procast Furniture Industry Sdn Bhd. We will briefly look into the case (TLDR, yes. The long version can be found below). Brief facts of the case Atico Overseas entered…
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