Forgery and falsification of documents are methods used by a person to commit fraud. Section 17(d) of the Contract Act 1950 provides that fraud includes any other act to deceive the other party into entering into an agreement.
Category: Commercial Disputes
Reflective Loss Principle: The Applicability in Minority Oppression Petition
Reflective loss is the loss of individual shareholders that is inseparable from the general loss of the company. The general rule is that a shareholder must not bring a claim for a loss which is merely reflective of the company’s loss.
Fraud Shall Not Go Unpunished: The Rights of Defrauded Government [Part 1]
- Kuasa Pemotongan Bekalan oleh Pembekal Elektrik di bawah Seksyen 38 Akta Bekalan Elektrik 1990 - April 13, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 2) - April 7, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1) - February 24, 2021
This article will look into the rights of government agencies to claim for illegally obtained profits from the perspective of the US laws (Part 1), the UK laws and the Malaysian laws (Part 2). Definition of fraud against the government According to Cornell’s Legal Information Institute, fraud against the government may consist of fraud in…
Unravelling the True Meaning of “the Interests of the Company” (Part 2).
- Kuasa Pemotongan Bekalan oleh Pembekal Elektrik di bawah Seksyen 38 Akta Bekalan Elektrik 1990 - April 13, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 2) - April 7, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1) - February 24, 2021
In Part 1 of this article, I have discussed on the meaning of the “interests of the company” in light of the interests of the company itself and the interests of the members (current and future). Now let’s look into the meaning of “interests of the company” in the context of the company’s employees and…
Mareva Injunctions 101
Mareva injunctions are a type of interlocutory ex parte injunction which restrains a defendant from removing, disposing, or concealing his or her assets which may be necessary to meet the plaintiff’s claim.
Signed As A Guarantor? Here’s What You Need To Know
Many a times people think that a guarantor is someone who merely gives reference of a good character of the borrower and/or to enhance their credit standing. A guarantor is not the same as a referee in a resume. Consequences are much graver. Did you sign as a Guarantor? Read on.
Judgment Debtor Summons: A Means towards Enforcing the Payment of Judgment Sums
This article will talk about Judgment Debtor Summons, another effective method of enforcement procedure which may be used to recover debts against a judgment debtor where bankruptcy or winding up proceeding is not feasible.
Overview of Freezing Orders – “Mareva O Mareva”
Many of us have heard of freezing orders being enforced in Malaysia and may even know of people with ‘frozen assets’. There are various reasons why one would want to freeze the assets of another.
The “Friendly Loan”: A Friend or a Foe?
A friendly loan is the lending of money between two persons based on mutual trust, often informal and not documented in writing. Will you ever be able to recover your money?
Just Desserts: Tale of Quantum Meruit
- Strategic Considerations when Engaging an Expert for Commercial Disputes - January 7, 2021
- Pushing the Limit on Limitation (Part 1) - May 14, 2020
- How the Court would Read Your Contract - April 23, 2020
Quantum Meruit – “what one has earned”. Broadly, quantum meruit is a theory of recovery premised on principles of equity and fairness and put simply, involves getting what you deserve for the services that you have rendered under a contract.