Contract Law

Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 2 MLRA 83

JX GOH

Aug 14, 20229 min read

Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 2 MLRA 83

The Federal Court in this case resolved the issue relating to forfeiture of deposit paid in a sale and purchase agreement in relation to...

Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

JX GOH

Nov 28, 20217 min read

Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

The High Court in this case recognised the concept of economic duress. Facts of the Case The defendant held 50 taxi permits for operation...

Thay Chee Huat & Anor v Yeng Chong Realty Bhd [2021] 5 CLJ 127

JX GOH

May 30, 202110 min read

Thay Chee Huat & Anor v Yeng Chong Realty Bhd [2021] 5 CLJ 127

The High Court held that when the fundamental terms of a contract had been breached, the party not in default can allow the party in...

Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

JX GOH

Feb 28, 20218 min read

Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

Landlord can claim double rent from the tenant upon the expiry of the notice to quit if the tenant failed to deliver vacant possession....

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

JX GOH

Jan 21, 202115 min read

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

This is a summary of the Federal Court judgment dated 19 January 2021. It is now settled law that the date for calculation of liquidated...

Southville City Sdn Bhd v Noranisah Mohamed Hisa & Anor and Another Case [2019] 1 LNS 750

JX GOH

Nov 16, 20207 min read

Southville City Sdn Bhd v Noranisah Mohamed Hisa & Anor and Another Case [2019] 1 LNS 750

The High Court held that the calculation for liquidated damages for late delivery of vacant possession begins from the date of payment of...

Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & Ors [1988] 2 MLJ 117

JX GOH

Oct 29, 20203 min read

Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & Ors [1988] 2 MLJ 117

The Court held that the definition of “coercion” under section 73 should be given its ordinary and general meaning. Facts of the Case The...

Saw Gaik Beow v Cheong Yew Weng & Ors [1989] 3 MLJ 301

JX GOH

Oct 27, 202010 min read

Saw Gaik Beow v Cheong Yew Weng & Ors [1989] 3 MLJ 301

This case illustrates the situation where the first defendant had failed to prove that the he was under plaintiff’s undue influence....

Mayban Finance Bhd v Liew Ek Chiu & Ors [1998] 1 CLJ 56

JX GOH

Oct 21, 20206 min read

Mayban Finance Bhd v Liew Ek Chiu & Ors [1998] 1 CLJ 56

This case illustrates the situation where the wife failed to prove that undue influence has been exerted by her husband as alleged. Facts...

Wong Hon Leong David v Noorazman bin Adnan (1995) 3 MLJ 283

JX GOH

Oct 15, 20205 min read

Wong Hon Leong David v Noorazman bin Adnan (1995) 3 MLJ 283

This case illustrates that an exchange of mutual promises although it is executory consideration, is a good consideration. Facts of the...

Brogden v Metropolitan Railway Company (1877) 2 App.Cas. 666

JX GOH

Oct 12, 20205 min read

Brogden v Metropolitan Railway Company (1877) 2 App.Cas. 666

This case established that a contract can be accepted by the conduct of the parties. Facts of the Case The Appellants (Brogden & Co.)...

JX GOH

Oct 5, 20202 min read

Adams v Lindsell (1818) 106 ER 250

This case established the rule for acceptance of an offer in postal rule. Facts of the Case The plaintiffs were woollen manufacturers...

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