Not every signed contract is legally enforceable. An agreement may be void because its purpose is unlawful, it lacks consideration, its terms are uncertain or performance is impossible. This article explains when agreements are void under Malaysia’s Contracts Act 1950, how void agreements differ from voidable and illegal contracts, and what happens to benefits already exchanged between the parties.
Business relationships are often built on trust, but disagreements can arise when parties remember their conversations differently. This article explains why Malaysian business owners should document their agreements, how written terms protect commercial relationships and what Malaysian cases involving oral agreements teach us about the difficulty of proving a deal after the relationship has broken down between the parties.
Promissory estoppel may prevent someone from withdrawing a promise after another party has relied on it. This article explains how the doctrine operates under Malaysian contract law, the requirements considered by the courts, its relationship with sections 63 and 64 of the Contracts Act 1950, and whether it can suspend or permanently affect existing contractual rights.
A void contract is not the same as a voidable contract. This guide explains the key differences under Malaysian law, when a contract becomes void or voidable, and how the distinction affects your legal rights, remedies and ability to enforce or cancel an agreement.
Not every mistake allows you to cancel a contract. This guide explains when a mistake can make an agreement void under Malaysian contract law, the difference between mutual and unilateral mistakes, and how sections 21 to 23 of the Contracts Act 1950 apply.
Fraud and misrepresentation both involve false information that may influence someone to enter into a contract, but Malaysian law treats them differently. This guide explains the difference under sections 17 and 18 of the Contracts Act 1950, when a contract becomes voidable, the remedies available, and how fraud must be proven in Malaysian courts.
Not every forced contract is signed after an obvious threat. Sometimes the pressure that forces someone to entr a contract without free consent is much more subtle. An elderly parent transfers property to a child whom they depend on. A…
Exemption clauses are found in almost every commercial contract, but are they always enforceable? Learn how Malaysian courts assess exclusion and limitation of liability clauses, the role of the Consumer Protection Act 1999, and the key factors that determine whether an exemption clause will be upheld.
Entire Agreement Clauses are found in most commercial contracts, but many people don't understand what they actually do. This guide explains how Entire Agreement Clauses work under Malaysian law, their relationship with the parol evidence rule and collateral contracts, and why they matter before you sign any agreement.
What happens if someone makes an important promise before you sign a contract, but the promise never appears in the written agreement? This article explains collateral contracts under Malaysian law, when they arise, how they differ from misrepresentation, and why documenting key promises can help you avoid costly contractual disputes.
