Q. When a contract is formed, parties to the contract can call off or rescind the contract if elements of coercion (s.15), undue influence (s.16), fraud (s.17) , misrepresentation (s.18), Read More …
Tag: 1.2
Authorities of Agent
Q. What are the 4 authorities of Agent? A. The term ‘authority’ in agency law is spelled out in appointment of agents. There are various ways that agents could be Read More …
Agency on contract with 3rd persons
Q. If you have pretended to be the person calling the shots for a property transaction, what happens to its effect onto the principal and 3rd person? Jone is a Read More …
Ratification – its limitations
Q. When someone who is not an appointed agent, struck a deal with a 3rd person, he goes back to the principal, and get it ratified as a legal contract. Read More …
What constitute a Valid Contract?
Q. What constitute a Valid Contract? A. Refer to What constitute a Voidable Contract? here. Also see Valid, Void and Voidable Contracts here. According to Section 10 (1) of Contracts Read More …
Valid, Voidable and Void Contracts
Q. Differentiate valid contract, voidable contracts and void contracts. Give your answers according to Contracts Act 1950. When is a contract become VOID? Give an example. A. Similar question was Read More …
Appeal against an arbitral award
Q. Can arbitration proceedings and awards be appealed or challenged in the local court? What are the grounds and procedure? Can the parties effectively exclude any rights of appeal? A. Read More …
When one party denies tribunal’s jurisdiction
Q.What happens when one party to an arbitration denies that the tribunal has jurisdiction over the dispute? Is the doctrine of kompetenz-kompetenz followed in arbitration? A.The party denying that the Read More …
Court intervention in Arbitration
Q.Will the local courts intervene to assist arbitration proceedings? Can a party in arbitration delay proceedings by frequent court applications? Provide a case for your discussion. A.Section 8 of the Read More …
Arbitration Agreements – requirements
Q.Are there any legal requirements relating to the form and consent of an arbitration agreement? What provisions are required for an arbitration agreement to be binding and enforceable? A.The Act Read More …
A Q&A guide to arbitration in Malaysia
Q.Is there a simple straight forward guide to Arbitration in Malaysia? A.There is a good Q&A Guide on Arbitration in Malaysia. Arbitration Procedures and Practice in Malaysia – Overview.By ASHOK Read More …
Anns v Merton LBC and Murphy v Brentwood DC
Q.Compare and contrast the negligence in Anns v Merton LBC and Murphy v Brentwood. Why is the same concept of ‘duty of care’ different in both cases? A.Anns v Merton Read More …
Quantum Meruit
Q. What is Quantum Meruit, and what case law could you quote for Quantum Meruit? A. Read more about Quantum Meruit from Wikipedia here and below. Quantum meruit is a Latin Read More …
Force Majeure
Can minors act as an agent?
Q.Can a child of 9 years old act as an agent to source for a toy product for a principal who is involved in toy business? This child while testing Read More …
Disclaimer a shield against liability?
Q.The earlier case of Valuer giving a report which was relied upon by another buyer who suffered a loss (pure economic loss) – if a disclaimer was incorporated in the Read More …
Professional Negligence & Cases
Q. What if your client asked you to give a honest opinion that the property is a good buy? And, you relied upon a report by your Valuer friend to Read More …
Tort vs Contract 2
Q. Compare and contrast Tort with Contract. A. DISTINGUISH BETWEEN TORT AND CONTRACT: I. AS TO RIGHTS: Law of tort protects right in rem available against the whole world. Law Read More …
Negligence and Nervous Shock
Q. If I suffer from Nervous Breakdown after witnessing a patient dying on the OT Table with overdose of adrenaline negligent of the attending doctor. Can I claim my suffering Read More …
Where arbitrability becomes a question
Q. Is there any dispute over a contract that cannot be arbitrated? A. “English law has never arrived at a general theory for distinguishing those disputes which may be settled by Read More …