Is it Permissible Not To Attend the Court When We Receive A Summons?
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Is it Permissible Not To Attend the Court When We Receive A Summons?

A Judgment in Default (JID) of Appearance is issued against a defendant when they fail to enter an appearance within the prescribed period after being served with a Writ of Summons or an Originating Summons. This indicates the defendant’s failure to respond or defend their case in court. A JID may take the form of…

Discharge of Contract by Performance
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Discharge of Contract by Performance

Section 38(1) Contracts Act 1950 stated that parties to contract must either perform or offer to perform their respective promises, unless such performance has been dispensed with by any law. General Rule is the performance must be exact and precise in accordance with what have been agreed. Section 39(1) Contracts Act 1950 Where a party…

LEVEL OF ADMINISTRATION OF THE DECEASED’S INHERITANCE
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LEVEL OF ADMINISTRATION OF THE DECEASED’S INHERITANCE

In short, it can be classified into 3 types of stages:- CAN LETTERS OF ADMINISTRATION BE CANCELED OR AMENDED? Yes, the Court has powers under Section 34 of the Probate and Administration Act 1959 which states as follows: “Any probate or letters of administration may be revoked or amended for any sufficient cause” There is…

What Is Summary Judgement?
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What Is Summary Judgement?

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….

WHAT TYPES OF PROPERTY THAT CAN BE INHERITED?
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WHAT TYPES OF PROPERTY THAT CAN BE INHERITED?

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…

“What You Need To Know Regarding Consideration of Contract?”
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“What You Need To Know Regarding Consideration of Contract?”

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…

Negligent Misstatement
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Negligent Misstatement

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…