Undang-undang Kontrak
CONTRACT- FORMATION- CONSENSUS AD IDEM
A contract was formed between two corporate entities. Can a third party jump in and claim there is a contract with the third party?
15 Ogos ,2022
Yew Huoi, How & Associates | Leading Malaysia Law Firm
Berita Terkini
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Recent Legal Updates
COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593
1 Januari ,2025
The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.
SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE
1 Januari ,2025
The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.
LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE
1 Januari ,2025
This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.
ANCHORED IN CONTROVERSY: M/T AFRA OAK AND THE COST OF NAVIGATIONAL NEGLIGENCE
1 Januari ,2025
The English High Court’s decision in the M/T Afra Oak [2024] 2 Lloyd’s Rep 609 case sheds light on the delicate balance between following charterer instructions and exercising good seamanship. Anchoring in prohibited waters led to the vessel’s detention and highlighted the importance of complying with local and international maritime laws, such as UNCLOS. This ruling serves as a cautionary tale for operators in Malaysia and the region, emphasizing clear communication, legal compliance, and proactive risk management in high-traffic zones like the Straits of Malacca.
STRATA MANAGEMENT – MANAGEMENT FEE SHOWDOWN – RESIDENTIAL VS. COMMERCIAL – WHO’S PAYING FOR THE EXTRAS?
16 Disember ,2024
In a landmark decision in Aikbee Timbers Sdn Bhd & Anor v Yii Sing Chiu & Anor and another appeal [2024] 1 MLJ 94 , the Court of Appeal clarified the rules on maintenance charges and sinking fund contributions in mixed strata developments. Developers and management corporations can impose different rates based on the distinct purposes of residential and commercial parcels. The judgment emphasizes fairness, ensuring residential owners bear the costs of exclusive facilities like pools and gyms, while commercial owners aren’t subsidizing amenities they don’t use. This ruling highlights the importance of transparency in budgeting and equitable cost-sharing in mixed-use properties.
ILELGAL MONEYLENDERS – WHEN LOANS CROSS THE LINE: KEY LESSONS FROM SHIM VUI GEH V DAYANG MASTURAH ON ILLEGAL MONEYLENDING AND PROPERTY SECURITY
16 Disember ,2024
Can a simple loan lead to a legal battle over property ownership? This case reveals how improper security arrangements and high-interest rates can turn financial help into a courtroom showdown, highlighting the critical importance of understanding loan agreements and compliance with the law.
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