You entered into a business agreement with a company. All is well until you found out that you have been misled by the director of the company to enter into the agreement. What can you do? Can you sue the director personally? Generally, no. The law usually accords the directors of the company a bubble…
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Scenario: Ali and Muthu entered into a contract. Muthu breaches the contract and was ordered by Court to pay Ali damages. Ali and Ah Hock entered into a contract. Ali breaches the contract and Ah Hock sues for damages. Since Muthu is contractually liable to Ali in the previous suit, can Ali make Muthu a…
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The parties involved A) The plaintiffs (i.e. people who institute an action), namely: Yeo; Biaxis Sdn Bhd; and Public Bank Bhd. B) The defendants (i.e. the people who are sued by the plaintiffs), namely: Janavista Sdn Bhd; Design Selection Sdn Bhd; and Elitprop Sdn Bhd. The brief facts of the case Janavista hired Design Selection…
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What happens if a contract does not expressly state the duration of the contract? How can parties to such a contract terminate the contract? What is the court’s stance on such a contract? Is it even a thing? First thing’s first, what do you call this kind of contract? It is called a ‘perpetual contract’.…
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Brief facts of the case Harapan Ramai entered into a contractual agreement with Wan Kuari whereby Harapan Ramai engaged Wan Kuari as its contractor to execute drilling and blasting of granite blocks at the defendant’s quarry at Bukit Lunchu, Masai, Johor. Unfortunately, an uncontrolled explosion occurred at the quarry, killing one person and damaging nearby…
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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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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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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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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 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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