Unilateral contracts arise when a promise is accepted through performance rather than words. The law recognises that actions can create binding obligations. This article explores the famous Carlill v Carbolic Smoke Ball Co case and explains when unilateral offers become irrevocable once performance has begun, using practical examples that are easy to understand.
Conditions precedent are common in contracts, but many people misunderstand their legal effect. This article explains the difference between contingent and promissory conditions, how courts interpret them, and why the wording of a contract matters. Learn when a contract becomes enforceable, when parties may walk away without liability, and when a breach may give rise to damages or termination rights.
Does the phrase “subject to contract” automatically mean there is no binding agreement? Not always. Malaysian courts look beyond the wording to determine the true intention of the parties. This article explains when negotiations become legally enforceable, how courts interpret conditional agreements, and why emails, letters of offer, and conduct may still create contractual obligations despite unsigned formal agreements.
Substituted service allows plaintiffs to proceed with legal action even when a defendant cannot be personally served. Governed by Order 62 Rule 5 of the Rules of Court 2013, it permits alternative methods such as newspaper advertisements or posting at last known addresses. This article explains when it applies, the legal requirements, and how courts ensure fairness despite service difficulties.
Winning a court case is only the first step - enforcing the judgment is where real recovery begins. This article explains how judgment creditors in Malaysia can compel payment or compliance, including key methods such as seizure and sale, garnishee proceedings, and judgment debtor summons, along with important time limits and legal requirements to ensure effective enforcement.
A valid contract requires five essential elements: offer and acceptance, intention to create legal relations, consideration, capacity and free consent, and legality of object. Governed by the Contracts Act 1950, these principles ensure agreements are enforceable. Understanding these elements will give you a good grasp on the formation of a binding contract.
A shareholders’ agreement is a vital document for private companies in Malaysia, setting out how decisions are made, rights are protected, and disputes are resolved. By clearly defining roles, safeguards, and exit mechanisms, it helps prevent conflicts and ensures both majority and minority shareholders are treated fairly while maintaining transparency and business continuity.
Wrongful dismissal in Malaysia allows employees, particularly in the private sector, to challenge terminations made without just cause or excuse. Through the Industrial Relations Act 1967, employees may seek reinstatement or compensation, beginning with conciliation and potentially proceeding to the Industrial Court. Understanding the available remedies and procedures is essential for employees seeking redress after losing their employment.
The doctrine of privity of contract limits enforcement of contractual rights and obligations to the parties involved. Recognised in English common law and applied in Malaysia, it prevents third parties from suing or being sued on a contract, subject to key exceptions such as trusts, agency, statutory provisions, assignment, and tortious interference.
Malaysia’s M&A landscape is governed by a robust framework including the Companies Act 2016, Capital Markets and Services Act 2007, and take-over regulations. These laws regulate corporate conduct, protect investors, and ensure transparency, particularly for public listed companies. Together with Bursa Malaysia’s listing requirements, they provide clear rules for fair and efficient merger and acquisition transactions.
