Tag: contract law

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

COMPANIES ACT 2016 – DIRECTOR’S RIGHT TO INSPECT RECORDS AND DOCUMENTS OF A COMPANY

A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.

Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?

CONTRACT LAW – IMPLIED TERMS

I have a sale contract which does not set out terms which should have been there in the first place. For example, it is a contract to purchase electrical items. There is no term that says the electrical items should be in working condition.

What can I do?

CONTRACT LAW – BROKER AND AGENT’S COMMISSION – COMMSSION OR BROKERAGE AGREEMENT

Brokerage contract or commonly known as commission agreement allows referral, agent or broker to earn a commission based on sales amount received by the principal.

CONTRACT LAW – SALE & PURCHASE AGREEMENT – DOCTRINE OF BARE TRUSTEE

I bought a unit of condominium from a developer. The developer was supposed to deliver separate strata title for my unit. That was not done. Years later, I discovered that the land of which the condominium was built was sold to Company Z. Can Company Z claim ownership of the condominium and later have me evicted?

CONTRACT LAW – COLLATERAL CONTRACT – ENTIRE CLAUSE AGREEMENT

What happens if two agreements exist? Are they collateral to each other? What is collateral contract? What is entire agreement clause and what is its effect?

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?

CONTRACT- MISREPRESENTATION

What amounts to misrepresentation in a Sale and Purchase Agreement (“SPA”). If there is misrepresentation, can the purchaser terminate the contract?

CONTRACT LAW – EXCLUSION CLAUSE –UNEQUAL BARGAINING POWER

What can you do when one party relies on an exclusion clause that absolves any liability against them in the event of a dispute?