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Can employers retrench their employees due to the COVID-19 outbreak?

What is Retrenchment? Retrenchment is the dismissal of employees who become surplus to the needs of the organisation. This could be caused by various factors such as loss of profit, lack of business or financial difficulties, cash flow problem, etc.  Rights for employer Employers facing financial difficulties as a result of the COVID-19 pandemic may […]

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ONLINE SCAMS

“My information is being accessed by some other people through online.”/ “I got cheated by online scams.” In this advanced technology era, people can easily access to computer material without one’s permission. According to S 3 (1) of Computer Crimes Act 1997 (CCA), it states that a person shall be guilty of an offence if

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“My tenant has failed to pay rental, bills of water and electricity and he refused to move out from my property. What can I, as a landlord, do?”

NEGOTIATE             First of all, you can try to negotiate or talk with the tenant to understand what is his situation. Will he pay after he overcomes all encumbrances? If you have tried to be nice by giving him chances but he still failed to pay and make you intolerable, you may check with the

“My tenant has failed to pay rental, bills of water and electricity and he refused to move out from my property. What can I, as a landlord, do?” Read More »

“Can I apply for specific performance if the vendor breach his contract to sell the land to me?”

S 11(1)(b) of SRA provides that when no standard as to ascertain the actual damage and there is a breach of contract, this contract can be specifically enforced. In the case of Gan Realty Sdn Bhd. & Ors v Nicholas & Ors, the court had granted the plaintiff specific performance for the sale and purchase

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ADULTERY

“My husband is in a relationship with another woman in India, what can I do? I wish to divorce but I am not satisfied, I want to sue the woman who cause the breakdown of my family, can I do so?” In Malaysia, it only recognizes monogamous marriage which means a husband can only have

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When can a contract be specifically enforced under specific performance?

In Abdul Rahim bin Syed Mohd v Ramakrishnan Kandasamy, the court had laid down 4 most important and general elements to invoke specific performance. Firstly,  it must be a valid and enforceable contract; second, the contract must be formed between competent parties; third, the contract should be unobjectionable; and fourth, the terms in the contract

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