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Before I deal with the question whether the clause 8 formula is a stipulation by way of a penalty, I must say that my researches in this area of the law show that all the reported cases in Malaysia and India concern clauses in contracts which stipulate a forfeitable sum of money.
Dec 5, 2014 · The law recognises that a party to a contract may have an interest in performance which is not readily measurable in terms of money” And at page 283, “…In a suitable case damages for breach of contract may be measured by the benefit gained by the wrongdoer from the breach.
Section 66 of the Contracts Act, 1950, provides that where an agreement is discovered to be void, or when a contract becomes void any person who has received any advantage under such agreement or contract is bound to restore it, or make compensation for it, to the person from whom he received it.
Dec 24, 2020 · Our guest author, Kevin Wong, writes on the top 5 construction cases in Malaysia for 2020. The areas covered include when does time run for the calculation of liquidated damages, the Controller of Housing, and cases on the Construction Industry Payment and Adjudication Act 2012 (CIPAA).
The Sale of Goods Act 1957 is a statute governing contracts related to the sale of goods in Malaysia. This Act provides a comprehensive framework governing the sale and purchase of goods, with provisions related to the formation, terms, and performance of such contracts.
Oct 31, 2020 · The focus here is on written agreements. Are all parts of the agreement before the court? In practice, not all contracts are helpfully reduced to a single, clear-cut document. Often, multiple drafts would have been exchanged between parties before a final version is agreed upon.
CONTRACT: Misrepresentation - Fraudulent misrepresentation - Voidability - Rescission - Damages - Assessment - Placing innocent party in the position as though there was no reliance on fraudulent misrepresentation.
