A Summary Judgement is an application/procedure in which the party (usually plaintiff but either party can apply) applies to the court for an early judgement under Order 14 of the Rules of Court 2012. A party usually applies for a Summary Judgement when they intend to shortcut the proceeding without going for a full trial….
IS THE DEBT LEFT BY THE DECEASED CONSIDERED AS AN INHERITANCE? WHO WILL MANAGE THE INHERITANCE OF THE DECEASED? If the deceased did not leave a will, the heirs need to discuss who is eligible to be the administrator. The administrator needs to be officially appointed either by the High Court, Small Estate Office or…
The act of making unreasonable threats to obtain specific assets, particularly money or property, or threatening to kill or harm an individual to compel the fulfillment of the perpetrator’s demands. Elements of Extortion 1) Threats that cause a person to fear any form of harm to themselves. To prove extortion under Section 383 of the…
Consideration is the price for which the promise of a party is brought. Example A agrees to sell his factory to B for RM450,000. Here, for A’s promise, the consideration is the price of his factory i.e RM450,000 and for B’s promise, the consideration is A’s factory. No Consideration, No Contract? Why Is That? A…
An action for negligent misstatement arises where Party A has carelessly made a statement to Party B, where the relationship between the parties is such that Party A owes Part B a duty of care. A negligent misstatement claim is brought at common law in tort. Elements of Negligent Misstatement A special relationship exists between…
FUNCTIONS OF LETTERS OF ADMINISTRATION Letters of administration is applied by an administrator who has an interest in the estate of the deceased to claim the estate. This application is made if the deceased did not leave a will. In the event that the deceased has a will, the executor needs to apply for a…
Company director according to section 196 of the Companies Act 2016 is a natural person who is at least 18 years old and shall ordinarily reside in Malaysia. In a company, the minimum number of directors in a private company is one director, meanwhile, in a public company is two directors. A director of a…
An unlawful interference with a person’s use of land, or some right over or in connection with it. The objectives are to balance the conflicting interests between neighbours and to decide at what point an interference becomes intolerable. Types of Interference Encroachment onto the plaintiff’s land – Entering into someone else’s property Physical Damage to…
WHEN CAN APPLICATION FOR LETTERS OF ADMINISTRATION BE MADE? If possible, arrange it as soon as possible after completing the funeral arrangements. Check whether the deceased left a will or not. To smooth matters, make sure to discuss with the rightful heirs first and get their cooperation. If there are heirs who refuse to cooperate,…
Is a company that has been wound up considered to have been dissolved? The answer is, no. The dissolution of a company occurs when the company’s name and records have been legally removed from the Companies Commission of Malaysia. How can a company be struck off? According to section 549 of the Companies Act 2016,…
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