CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...
The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the “contract test” is the proper standard for evaluating claims of constructive dismissal.[1] ...
In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...
Introduction In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...
• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...
