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LEGALLY SPEAKING
by Tan Shang Neng
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LAD: Special & Exceptional Type of Damage that Must Be Communicated
The Court of Appeal held that liquidated and ascertained damages paid to a non-contracting party is not a damage which can be said to arise
Start-ups Weathering the Covid Storm
Tech companies / start-ups were instrumental in the economic rebounds post the last two global economic crisis. Smart money suggests that th
Franchise vs Licence: Who is in Control of What?
Licensing and franchising have been on the up and up in the last few decades. With the country in MCO recovery mode, there appears to be an
Interest Schemes: Funding in a world post-SARS-Cov-2?
Investment interest schemes can admittedly be an attractive option as:- (a) loan facilities from banking institutions become harder to come
Your Contract During a Pandemic
The COVID-19 outbreak, measures taken to control it and the consequences arising from such measures have very real impact on us and those ar
The Private Banker: A Fiduciary?
Common law Courts have traditionally been reluctant to classify the relationship between a banker and its customer as fiduciary in nature, w
Brandley v Deane (Part 2): Defect v Damage
Any loss or injury involved in the actual inadequacy is sustained (and therefore becoming actionable) only at the time when that inadequacy
Brandley v Deane (Part 1): Limitation in Malaysian Construction Latent Defects
I find myself nodding in support of the "manifest" test. It serves the ends of justice, whilst appearing not to cannibalize the in
Costs, Forthwith!
An attempt to highlight 2 practical aspects on the issue of costs in civil proceedings which I think ought to be common knowledge, but is...
GST and the Lawyer's Invoice: 6% or 0%?
In a statement on 16.5.2018, the Ministry of Finance announced that goods and services within Malaysia and those imported from abroad,...
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