Thomas Sim E3009

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), mistake (subject to […]

Q.
Are all apartment, condo, suite and SOHO the same in the eyes of law?

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A good write up is from Chang Kim Loong ‘Not all apartments are the same’ published in The star on 22nd July, 2016, a portion is ext […]

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What are the 4 authorities of Agent?

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The term ‘authority’ in agency law is spelled out in appointment of agents.

There are various ways that agents could be appointed. Various sections of the Part X […]

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 new comer to the community. He wanted to buy a […]

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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. Is there anyway that ratification cannot be carried […]

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 Act 1950, a Valid […]

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 posted in […]

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.
Similar question was […]

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 tribunal has […]

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 Arbitration […]

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 that provides for […]

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 Kumar Mahadev Ranai, […]

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 LBC, or short as Anns Test is a 2-stage test for […]

Q.
What is Quantum Meruit, and what case law could you quote for Quantum Meruit?

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Read more about Quantum Meruit from Wikipedia here and below.

Quantum meruit is a Latin phrase meaning “what one has […]

Q.
What is Force Majeure?

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Please go here to read about Force Majeure.

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 the toys in the supplier’s premise caused an out burst of fire and […]

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 report – would it therefore shield the Valuer […]

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 show to him that it is below market price. You specifically said […]

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 of contract protects […]

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 from his negligence?

A.
The two […]