Litigation & Dispute Resolution
Litigation & Dispute Resolution
Understanding the Small Claim Procedure in Malaysia
What is a small claim procedure? A small claim procedure in Malaysia is a simplified and cost-effective legal process designed to resolve small amounts of money disputes. It is an alternative to the regular court system, which can be time-consuming and expensive. Its purpose is to make seeking justice more accessible and affordable to the general public, especially for cases where the disputed amount makes hiring a lawyer impracticable. Small claims dispute...
Litigation & Dispute Resolution
Things You Need to Know About Drafting a Letter of Demand in Malaysia
What is the purpose of a Letter of Demand? A letter of demand (“LOD”) is a letter to request some demands, often for payment of money, before resorting to legal action. It lays down the foundation and background of the claimant’s claim against the recipient. Simply put, it is a written request sent by the claimant or their lawyer demanding action or payment from the other party before potentially taking...
Employment Law
Resigning Without Notice – Legal Considerations
Are you considering resigning without notice from your existing job? Has an employee left your company without giving notice? We’ll cover these topics and the potential legal considerations in this article. At some stage in your career, you might consider switching jobs or quitting for various reasons. Leaving a current job can be stressful, and it requires great courage to do so. This raises the issue of whether or not...
Litigation & Dispute Resolution
Can You Sue Someone for Breaking Their Promise to Marry You?
The courtship phase and the decision to tie the knot are significant events in the lives of those who chose this path with their romantic partners. A couple is said to be betrothed if they mutually agree to marry each other. Unlike marriage, engagement does not establish or impose mutual rights and responsibilities under the law. Thus, when a breach of betrothal occurs, can the wronged party file a lawsuit...
Corporate Law
Hierarchy of Courts in Malaysia
In the governing framework of Malaysia, three critical pillars exist: the Executive, Legislative, and Judiciary branches. The judiciary is the court system that decides legal disputes, defends the law, and applies it in legal cases. In every nation, the judiciary plays a crucial role in deciphering and administering the law and resolving disputes between the citizens as between the citizens and the state. The judicial system is the most expensive...
Corporate Law
Facts About Oral Contracts You Need to Know in Malaysia
Contracts in Daily Life Contracts are an integral aspect of modern society. Any agreement between two or more parties, whether written or oral, that creates legally binding responsibilities is called a contract. Some contracts are written, but there are also implied (formed through the parties’ conduct) and oral contracts. But, when asked to define a contract, most people will refer to a physical agreement, such as those papers signed by...
Litigation & Dispute Resolution
Elements of Medical Negligence in Malaysia
In its ordinary meaning, negligence is the failure to act as a reasonable person would or do something a reasonable person wouldn’t do. In tort law, negligence means breaking a legal duty to exercise care, causing unintended harm to the complainant. What is medical negligence? Medical negligence, also known as medical malpractice in Malaysia, is a breach of the duty of care owed by a healthcare professional to their patient,...
Corporate Law
Copyright Law in Malaysia
Understanding copyright laws is more important than ever in today’s increasingly digital world. This is particularly true in Malaysia, where diverse creative industries flourish. This article explores the basics of copyright law in Malaysia, discussing the rights granted under the law, the forms of protection available to copyright holders, and the legal mechanisms to enforce these rights. Copyright and its examples Copyright law is a subset of intellectual property (IP) law that...
Litigation & Dispute Resolution
Enforcement of Judgment in Civil Cases in Malaysia
Introduction At the end of every court trial, a judgment will be rewarded to the winning party. The losing party is now left with a list of orders for them to comply with and obey. What if they refuse or fail to follow such an order made against them? Can Court compel them to act as they were ordered to? The answer is, yes. The court has the power to...