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…
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…
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…
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…
