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Estoppel

August 5, 2005

Estoppel is an equitable doctrine. Usually as a defense, a party is prevented (or estopped) from successfully asserting what would or might otherwise be his legal rights.(e.g. of expression such as “you can’t now just turn round and say that”).... Read more...

Breach of Contract & Damage Claims

August 5, 2005

Damages are awarded to put the plaintiff as nearly as possible “ in the same position as he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation”. (Lord Blackburn in Livingstone vs Rawyards Coal... Read more...

Physical Damages & Economic Loss

August 5, 2005

Whereas , the existence of a duty of care not to cause economic loss requires special analysis, it may be that the criteria applicable to cases of physical damage and to cases of economic loss are the same,viz., that the damage should be reasonably foreseeable,... Read more...

Repudiation of Contract

August 5, 2005

Repudiation generallyThe word “Repudiation” is most conveniently term to describe circumstances where “ one party so acts or so express himself as to show that he does not mean to accept the obligation of a contract any further.Every breach of contract... Read more...

Negligence & Economic Duress

August 5, 2005

To establish a claim in negligence, a plaintiff must show that the defendant owes him a duty of care and that there has been a breach of that duty causing actionable damages.(Grant vs Australian Knitting Mills 91936) A.C. 85 at 103 (P.C.).Definition of... Read more...

Frustrated Contract & Impossibility

August 5, 2005

Impossibility at time of contractActual physical impossibility of performing the contract, whatever means are employed which exist at the time of entering into the contract is, subject to express terms or warranties an excuse for non-performance. But... Read more...

Contractual Representation

August 5, 2005

Many disputes arise as to the effect of inaccurate statements. In the tender documents, statements of fact such as quantities of work involved, nature of the site or the methods by which the work can be carried out, intended to be acted upon by the contractor... Read more...

Legal Aspects for Construction of Contracts

August 5, 2005

CONSTRUING A CONTRACTThe process by which the courts arrive at the meaning of words in a contract is term as construing a contract, and the process by which the meaning, as determined by the court, the construction of the contract.“The object sought... Read more...

The Highland Tower case

August 5, 2005

Professional Negligence & Liability:EXTRACT FROM HIGHLAND TOWER’S CASE[Abdul Aziz Hussin AMN]abdaziz@usm.myIN THE HIGH COURT OF MALAYA AT KUALA LUMPUR(CIVIL DIVISION)CIVIL SUIT NO: S5 – 21 – 174 – 1996.BETWEENSteven Phoa Cheng Loon & 72 Ors……………..PlaintiffsANDHighland... Read more...

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