Category: Contractual Disputes

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Is It Possible For Condo Management To Sue A Developer For Defects In A Condominium?

Is it possible for condominium management to sue a developer for defects in a condominium? This issue was recently dealt with in Dua Residency Management Corporation v Edisi Utama Sdn Bhd & Anor. Brief facts of the case Edisi Utama developed a portion of the land owned by them into a condominium. One of the…
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November 28, 2021 0

Case Study – A Brief Overview Of Star Asia Group Singapore Holding Pte Ltd v Fung Keong Rubber Manufactory (Malaysia) Sdn Bhd

Star Asia Group entered into a SPA with Fung Keong Rubber whereby Fung Keong Rubber is to sell their plants and machinery to the Star Asia Group for a total sum of RM5,500,000.00. Before the SPA can be completed (and as per the terms of the SPA) Star Asia Group was given 14 days (upon…
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November 28, 2021 0

Case Study – A Brief Overview Of Naza Italia Sdn Bhd v Perfect Logistic Services

In this article, we will take a quick look at the case of Naza Italia Sdn Bhd v Perfect Logistic Services and whether the claim of vicarious liability was successfully established in that case. Brief facts of the case Naza Italia, a company that has exclusive rights in selling Ferraris and its spare parts in…
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November 28, 2021 0

Things To Take Note Of Before E-Signing/ Digitally Signing A Document

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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September 30, 2021 0

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