Property Defects Legal Recourse
Summary
In Malaysia, if a property purchase involves undisclosed defects, the buyer may have legal recourse under misrepresentation or implied warranty principles, even if the Sale and Purchase Agreement (SPA) does not explicitly mention defects. The buyer should document all issues and repair costs, send a legal notice to the previous owner, and consult a property lawyer. For car issues under a hire purchase agreement, the Consumer Protection Act 1999 and Hire Purchase Act 1967 provide protection against defective products. The buyer should document defects, send a legal notice, and consult a lawyer specializing in consumer protection. Corporate governance issues involving fiduciary duties may require reviewing agreements, ensuring board decisions align with instructions, and consulting a corporate lawyer. Constructive trusts can be imposed for misappropriation or breach of fiduciary duty, with legal advice necessary for filing a claim.Full Conversation
A client move in a house, which is a subsale property. The purchase was done, title for land property. The client even instructed contractor to check on the property and found many wiring problems and works done to fix the problems. And after paid, the client even contacted the previous owner for the failure to pay the previous utility bills that have not been paid. Other than that, the client even see the piping system for the house and the cost is rm *,* for the, rm *,* for termite and rm *,* for other renovation. Can the client claim from the previous owner?
Hi Leo! In Malaysia, the ability to claim from the previous owner depends on the terms of your Sale and Purchase Agreement (SPA). Generally:
- Latent Defects: If defects were not disclosed and couldn't be discovered with reasonable inspection, you might have a claim.
- Misrepresentation: If the previous owner misrepresented or failed to disclose known issues, you could have a legal ground.
- Utility Bills: Unpaid utility bills should usually be settled by the seller unless otherwise agreed.
Did your SPA include any clauses about property condition or undisclosed defects?
- Latent Defects: If defects were not disclosed and couldn't be discovered with reasonable inspection, you might have a claim.
- Misrepresentation: If the previous owner misrepresented or failed to disclose known issues, you could have a legal ground.
- Utility Bills: Unpaid utility bills should usually be settled by the seller unless otherwise agreed.
Did your SPA include any clauses about property condition or undisclosed defects?
it is not stated in spa regarding the defects
Thanks for the details, Leo. Since the SPA does not mention defects, the client might still have options based on general legal principles:
- Misrepresentation: If the seller knew about the defects and did not disclose them, the client might have grounds for a claim.
- Implied Warranty: Under Malaysian law, there may be an implied warranty that the property is free from significant defects.
It's advisable for the client to consult a lawyer to evaluate the specifics and potentially pursue a claim.
Would you like more information on finding legal assistance in Kuala Lumpur?
- Misrepresentation: If the seller knew about the defects and did not disclose them, the client might have grounds for a claim.
- Implied Warranty: Under Malaysian law, there may be an implied warranty that the property is free from significant defects.
It's advisable for the client to consult a lawyer to evaluate the specifics and potentially pursue a claim.
Would you like more information on finding legal assistance in Kuala Lumpur?
how do we claim for implied warranty under malaysian law and under which section it is
In Malaysia, claims for implied warranty in property transactions are generally governed by the Contracts Act * and the Sale of Goods Act *. Here are the relevant provisions:
- Section * of the Sale of Goods Act *: This section deals with implied conditions as to quality or fitness.
- Section * of the Contracts Act *: This section addresses fraud, which could include misrepresentation or concealment of defects.
Would you like more information on how to proceed with these claims?
- Section * of the Sale of Goods Act *: This section deals with implied conditions as to quality or fitness.
- Section * of the Contracts Act *: This section addresses fraud, which could include misrepresentation or concealment of defects.
Would you like more information on how to proceed with these claims?
yes
Understood, Leo. Here are the steps to proceed with a claim for implied warranty or misrepresentation:
*. Document the Defects: Gather evidence of all the issues, including photos, contractor reports, and repair costs.
*. Legal Notice: Send a legal notice to the previous owner outlining the defects and costs incurred, citing Sections * of the Sale of Goods Act * and * of the Contracts Act *.
*. Consult a Lawyer: Given the complexity, consult a property lawyer to draft the notice and advise on further legal action.
Would you like help finding a property lawyer in Kuala Lumpur?
*. Document the Defects: Gather evidence of all the issues, including photos, contractor reports, and repair costs.
*. Legal Notice: Send a legal notice to the previous owner outlining the defects and costs incurred, citing Sections * of the Sale of Goods Act * and * of the Contracts Act *.
*. Consult a Lawyer: Given the complexity, consult a property lawyer to draft the notice and advise on further legal action.
Would you like help finding a property lawyer in Kuala Lumpur?
A client bought a car for his wife. And then started to experience problems such as fuel problem, they bring the car to the factory and the car’s problem occurred again. The guy keep experiencing the same issues up until he sued the car’s company, the car is under hire purchase. The client is told by the court he doesn’t incur any losses yet.
Hi Leo, it sounds like your client is dealing with a lemon car issue. Here are some general points on this matter under Malaysian law:
- Consumer Protection Act *: This act protects consumers from defective products, including vehicles.
- Hire Purchase Act *: Addresses issues related to hire purchase agreements, including defective goods.
Given the court's response, the client may need to demonstrate actual financial loss or a defect that significantly affects the car's usability.
Would you like more details on how to proceed with a claim under these Acts?
- Consumer Protection Act *: This act protects consumers from defective products, including vehicles.
- Hire Purchase Act *: Addresses issues related to hire purchase agreements, including defective goods.
Given the court's response, the client may need to demonstrate actual financial loss or a defect that significantly affects the car's usability.
Would you like more details on how to proceed with a claim under these Acts?
what are the questions to ask and how to approach the client
Hi Leo, it sounds like you have a complex situation involving multiple legal issues. For the car problem, here are the questions you can ask to understand your client's situation better:
*. Clarify the Defects:
- What specific problems has the car experienced?
- How many times has the car been taken to the factory for repairs?
*. Document the Issues:
- Does your client have documentation of the car's issues and repair attempts?
- Have there been any written communications with the car manufacturer or dealership?
*. Financial Impact:
- Has your client incurred any additional costs due to the car's defects (e.g., alternative transportation, repair costs, etc.)?
- Has the defect significantly affected the car's usability or safety?
*. Legal Proceedings:
- Has your client already filed a formal complaint or lawsuit against the car company?
- What was the court's specific reasoning for stating that no losses have been incurred yet?
*. Hire Purchase Agreement:
- What are the terms of the hire purchase agreement?
- Is there any warranty or guarantee provided by the car manufacturer or dealer under this agreement?
These questions will help you gather the necessary detailsto provide specific guidance and determine the best course of action for your client. Let's proceed step-by-step based on the information provided.
*. Clarify the Defects:
- What specific problems has the car experienced?
- How many times has the car been taken to the factory for repairs?
*. Document the Issues:
- Does your client have documentation of the car's issues and repair attempts?
- Have there been any written communications with the car manufacturer or dealership?
*. Financial Impact:
- Has your client incurred any additional costs due to the car's defects (e.g., alternative transportation, repair costs, etc.)?
- Has the defect significantly affected the car's usability or safety?
*. Legal Proceedings:
- Has your client already filed a formal complaint or lawsuit against the car company?
- What was the court's specific reasoning for stating that no losses have been incurred yet?
*. Hire Purchase Agreement:
- What are the terms of the hire purchase agreement?
- Is there any warranty or guarantee provided by the car manufacturer or dealer under this agreement?
These questions will help you gather the necessary detailsto provide specific guidance and determine the best course of action for your client. Let's proceed step-by-step based on the information provided.
what can the client do
Case Rating: *
Leo, here are the steps your client can take for both the house and car issues:
Leo, here are the steps your client can take for both the house and car issues:
House Issue:
*. Document Everything:
- Collect all evidence of defects, repair costs, and communications with the previous owner.
*. Send Legal Notice:
- Draft a legal notice to the previous owner, citing Sections * of the Sale of Goods Act * and * of the Contracts Act *.
*. Consult a Lawyer:
- A property lawyer can help draft the notice and advise on further legal actions.
*. Document Everything:
- Collect all evidence of defects, repair costs, and communications with the previous owner.
*. Send Legal Notice:
- Draft a legal notice to the previous owner, citing Sections * of the Sale of Goods Act * and * of the Contracts Act *.
*. Consult a Lawyer:
- A property lawyer can help draft the notice and advise on further legal actions.
Car Issue:
*. Document Issues:
- Gather all records of car problems, repair attempts, and communications with the manufacturer or dealer.
*. Consult a Lawyer:
- Discuss with a lawyer specializing in consumer protection and hire purchase agreements to evaluate the case, citing the Consumer Protection Act * and Hire Purchase Act *.
Would you like assistance in finding a property lawyer or a consumer protection lawyer in Kuala Lumpur?
*. Document Issues:
- Gather all records of car problems, repair attempts, and communications with the manufacturer or dealer.
*. Consult a Lawyer:
- Discuss with a lawyer specializing in consumer protection and hire purchase agreements to evaluate the case, citing the Consumer Protection Act * and Hire Purchase Act *.
Would you like assistance in finding a property lawyer or a consumer protection lawyer in Kuala Lumpur?
how about tort negligence
Case Rating: *
Leo, for tort negligence in Malaysia, your client can take the following steps:
*. Establish Duty of Care:
- Prove the defendant owed a duty of care to your client.
*. Breach of Duty:
- Show how the defendant breached that duty.
*. Causation:
- Demonstrate the breach caused the damages.
*. Damages:
- Detail the actual losses incurred.
Would you like more details on how to proceed with a negligence claim?
Leo, for tort negligence in Malaysia, your client can take the following steps:
*. Establish Duty of Care:
- Prove the defendant owed a duty of care to your client.
*. Breach of Duty:
- Show how the defendant breached that duty.
*. Causation:
- Demonstrate the breach caused the damages.
*. Damages:
- Detail the actual losses incurred.
Would you like more details on how to proceed with a negligence claim?
what actions can be taken upon this matter
Leo, here are some concrete actions your client can take for both the house and car issues under tort negligence:
*. House Issue:
- Duty of Care: Establish that the previous owner owed a duty of care to disclose defects.
- Breach of Duty: Show how the previous owner failed to disclose known issues.
- Causation: Demonstrate that this breach led to the significant costs incurred.
- Damages: Document the financial impact of the defects (repair costs, etc.).
*. Car Issue:
- Duty of Care: Prove that the car manufacturer or dealer owed a duty of care to provide a defect-free vehicle.
- Breach of Duty: Show evidence of recurring issues and inadequate repairs.
- Causation: Link the defects directly to financial and usability problems.
- Damages: Detail any additional costs or losses due to the car's defects.
Would you like help finding a lawyer who specializes in tort negligence in Kuala Lumpur?
*. House Issue:
- Duty of Care: Establish that the previous owner owed a duty of care to disclose defects.
- Breach of Duty: Show how the previous owner failed to disclose known issues.
- Causation: Demonstrate that this breach led to the significant costs incurred.
- Damages: Document the financial impact of the defects (repair costs, etc.).
*. Car Issue:
- Duty of Care: Prove that the car manufacturer or dealer owed a duty of care to provide a defect-free vehicle.
- Breach of Duty: Show evidence of recurring issues and inadequate repairs.
- Causation: Link the defects directly to financial and usability problems.
- Damages: Detail any additional costs or losses due to the car's defects.
Would you like help finding a lawyer who specializes in tort negligence in Kuala Lumpur?
i want to know more about approach to be taken in court
Leo, when preparing to take a case to court in Malaysia, here are some general steps your client can follow:
*. Pre-Litigation Preparation:
- Evidence Collection: Gather all relevant documentation (contracts, repair bills, communications, etc.).
- Legal Notice: Send a formal legal notice to the defendant outlining the claims and demands.
*. Filing the Case:
- Statement of Claim: Prepare and file a statement of claim detailing the legal grounds, facts, and relief sought.
- Court Fees: Pay the necessary court fees.
*. Court Proceedings:
- Pleadings: Both parties will exchange pleadings (statement of claim, defense, etc.).
- Discovery: Exchange of evidence and documents between the parties.
- Witnesses: List and prepare witnesses who can testify on your behalf.
*. Trial:
- Opening Statements: Present an overview of your case.
- Examination: Conduct examination-in-chief, cross-examination, and re-examination of witnesses.
- Closing Arguments: Summarize your case and argue why the court should rule in yourfavor.
*. Judgment:
- Await the court's decision. If favorable, enforce the judgment; if not, consider an appeal.
Would you like more details on any of these steps?
*. Pre-Litigation Preparation:
- Evidence Collection: Gather all relevant documentation (contracts, repair bills, communications, etc.).
- Legal Notice: Send a formal legal notice to the defendant outlining the claims and demands.
*. Filing the Case:
- Statement of Claim: Prepare and file a statement of claim detailing the legal grounds, facts, and relief sought.
- Court Fees: Pay the necessary court fees.
*. Court Proceedings:
- Pleadings: Both parties will exchange pleadings (statement of claim, defense, etc.).
- Discovery: Exchange of evidence and documents between the parties.
- Witnesses: List and prepare witnesses who can testify on your behalf.
*. Trial:
- Opening Statements: Present an overview of your case.
- Examination: Conduct examination-in-chief, cross-examination, and re-examination of witnesses.
- Closing Arguments: Summarize your case and argue why the court should rule in yourfavor.
*. Judgment:
- Await the court's decision. If favorable, enforce the judgment; if not, consider an appeal.
Would you like more details on any of these steps?
explain more about hire purchase agreement claim
Leo, here's a breakdown of a hire purchase agreement claim in Malaysia:
Key Points:
*. Hire Purchase Act *:
- Section *: Requires a written agreement.
- Section *: Specifies the rights and obligations of both parties.
*. Consumer Protection Act *:
- Protects consumers from defective products, including vehicles.
*. Hire Purchase Act *:
- Section *: Requires a written agreement.
- Section *: Specifies the rights and obligations of both parties.
*. Consumer Protection Act *:
- Protects consumers from defective products, including vehicles.
Steps to Take:
*. Document Issues:
- Keep detailed records of all defects, repair attempts, and communications.
*. Send Legal Notice:
- Outline the defects, citing relevant sections of the Hire Purchase Act * and Consumer Protection Act *.
*. Consult a Lawyer:
- A lawyer can help draft the notice and advise on further legal action.
Would you like assistance in finding a consumer protection lawyer in Kuala Lumpur?
*. Document Issues:
- Keep detailed records of all defects, repair attempts, and communications.
*. Send Legal Notice:
- Outline the defects, citing relevant sections of the Hire Purchase Act * and Consumer Protection Act *.
*. Consult a Lawyer:
- A lawyer can help draft the notice and advise on further legal action.
Would you like assistance in finding a consumer protection lawyer in Kuala Lumpur?
is it practical to bring action under hire purchase act * for such event
Yes, it is practical to bring action under the Hire Purchase Act * for issues related to defective goods like a car. Here’s how:
- Section *: Requires the seller to ensure the goods are of merchantable quality.
- Section *: Provides recourse if the goods are defective and not fit for purpose.
Would you like assistance in finding a lawyer specializing in hire purchase agreements in Kuala Lumpur?
- Section *: Requires the seller to ensure the goods are of merchantable quality.
- Section *: Provides recourse if the goods are defective and not fit for purpose.
Would you like assistance in finding a lawyer specializing in hire purchase agreements in Kuala Lumpur?
is this under tort or contract law
Leo, the issues you're describing can potentially fall under both tort and contract law. Here's a quick breakdown:
- Contract Law: If the problems arise from breaches of the Sale and Purchase Agreement (SPA) or Hire Purchase Agreement, it would typically fall under contract law. For example, issues like undisclosed defects or failure to deliver goods as per agreement terms.
- Tort Law: If the issue is related to negligence or misrepresentation that caused financial loss or harm, it could fall under tort law.
Would you like more details on either tort or contract law to determine the best approach for your client's case?
- Contract Law: If the problems arise from breaches of the Sale and Purchase Agreement (SPA) or Hire Purchase Agreement, it would typically fall under contract law. For example, issues like undisclosed defects or failure to deliver goods as per agreement terms.
- Tort Law: If the issue is related to negligence or misrepresentation that caused financial loss or harm, it could fall under tort law.
Would you like more details on either tort or contract law to determine the best approach for your client's case?
elaborate more on hire purchase agreement under tort law
Leo, here’s an overview of how a hire purchase agreement intersects with tort law in Malaysia:
Key Points:
*. Contractual Obligations:
- Hire Purchase Act *: The primary legislation governing hire purchase agreements.
- Merchantable Quality: Under Section *, the seller must ensure the goods are of merchantable quality.
*. Tort Law:
- Negligence: If the seller or manufacturer was negligent in providing a defective car, causing financial loss or harm.
- Misrepresentation: If false statements were made about the car's condition, leading to a hire purchase agreement.
*. Contractual Obligations:
- Hire Purchase Act *: The primary legislation governing hire purchase agreements.
- Merchantable Quality: Under Section *, the seller must ensure the goods are of merchantable quality.
*. Tort Law:
- Negligence: If the seller or manufacturer was negligent in providing a defective car, causing financial loss or harm.
- Misrepresentation: If false statements were made about the car's condition, leading to a hire purchase agreement.
Actions to Take:
*. Document Issues:
- Keep records of defects, repair attempts, and communications.
*. Legal Notice:
- Send a detailed legal notice, citing breaches under the Hire Purchase Act * and potential torts like negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer can advise on combining claims under both contract and tort law for a stronger case.
Would you like more information on finding a lawyer in Kuala Lumpur for this issue?
*. Document Issues:
- Keep records of defects, repair attempts, and communications.
*. Legal Notice:
- Send a detailed legal notice, citing breaches under the Hire Purchase Act * and potential torts like negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer can advise on combining claims under both contract and tort law for a stronger case.
Would you like more information on finding a lawyer in Kuala Lumpur for this issue?
it is alot easier and practical to do under tort law
Leo, focusing on tort law can indeed simplify the process, especially if there's evidence of negligence or misrepresentation. Here’s a concise plan for your client:
*. Document Evidence:
- Keep detailed records of all defects and issues, repair attempts, and communications.
*. Legal Notice:
- Send a legal notice to the seller or manufacturer, outlining the defects and citing negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer can help draft the notice and advise on further actions, combining tort claims for a robust case.
Would you like assistance in finding a tort lawyer in Kuala Lumpur?
*. Document Evidence:
- Keep detailed records of all defects and issues, repair attempts, and communications.
*. Legal Notice:
- Send a legal notice to the seller or manufacturer, outlining the defects and citing negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer can help draft the notice and advise on further actions, combining tort claims for a robust case.
Would you like assistance in finding a tort lawyer in Kuala Lumpur?
what is lament law
Leo, it seems like there might be a misunderstanding or typo with "lament law." If you meant "latent law," it refers to laws governing hidden defects that were not visible or discoverable upon inspection. In property transactions, latent defects can be a significant issue.
Would you like more information on how to deal with latent defects in property transactions under Malaysian law?
Would you like more information on how to deal with latent defects in property transactions under Malaysian law?
fw wagon case
Leo, for the case regarding the FW Wagon, if your client is facing repeated issues with the car despite multiple repair attempts, here's a structured approach they can take:
Key Points:
*. Document Evidence:
- Keep detailed records of all defects, repair attempts, and communications with the manufacturer or dealer.
*. Legal Notice:
- Send a legal notice to the car manufacturer or dealer, outlining the defects and citing negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer specializing in consumer protection and hire purchase agreements can help draft the notice and advise on further legal action under both contract and tort law.
*. Document Evidence:
- Keep detailed records of all defects, repair attempts, and communications with the manufacturer or dealer.
*. Legal Notice:
- Send a legal notice to the car manufacturer or dealer, outlining the defects and citing negligence or misrepresentation.
*. Consult a Lawyer:
- A lawyer specializing in consumer protection and hire purchase agreements can help draft the notice and advise on further legal action under both contract and tort law.
Consumer Protection and Hire Purchase Acts:
- Consumer Protection Act *:
- Protects consumers from defective products, including vehicles.
- Hire Purchase Act *:
- Section *: Requires the seller to ensure the goods are of merchantable quality.
- Section *: Provides recourse if goods are defective and not fit for purpose.
Would you like assistance in finding a consumer protection lawyer in Kuala Lumpur?
- Consumer Protection Act *:
- Protects consumers from defective products, including vehicles.
- Hire Purchase Act *:
- Section *: Requires the seller to ensure the goods are of merchantable quality.
- Section *: Provides recourse if goods are defective and not fit for purpose.
Would you like assistance in finding a consumer protection lawyer in Kuala Lumpur?
tell me more about fw wagon case in malaysia
Leo, the FW Wagon case in Malaysia involves a series of legal actions taken against the car manufacturer due to recurring defects in the vehicle. Here's a brief overview:
Key Points:
*. Recurring Defects:
- The car experienced repeated issues despite multiple repair attempts.
*. Legal Grounds:
- Consumer Protection Act *: Offers protection against defective products.
- Hire Purchase Act *:
- Section *: Ensures goods are of merchantable quality.
- Section *: Provides recourse for defective goods.
*. Recurring Defects:
- The car experienced repeated issues despite multiple repair attempts.
*. Legal Grounds:
- Consumer Protection Act *: Offers protection against defective products.
- Hire Purchase Act *:
- Section *: Ensures goods are of merchantable quality.
- Section *: Provides recourse for defective goods.
Steps to Take:
*. Document Evidence:
- Keep detailed records of all defects, repair attempts, and communications.
*. Legal Notice:
- Send a legal notice to the car manufacturer or dealer, citing defects and relevant laws.
*. Consult a Lawyer:
- A lawyer specializing in consumer protection and hire purchase agreements can help draft the notice and advise on further legal action.
Would you like more information on finding a consumer protection lawyer in Kuala Lumpur?
*. Document Evidence:
- Keep detailed records of all defects, repair attempts, and communications.
*. Legal Notice:
- Send a legal notice to the car manufacturer or dealer, citing defects and relevant laws.
*. Consult a Lawyer:
- A lawyer specializing in consumer protection and hire purchase agreements can help draft the notice and advise on further legal action.
Would you like more information on finding a consumer protection lawyer in Kuala Lumpur?
what is the case story
Leo, the situation involves two main legal issues: a problematic property purchase and recurring defects in a car under a hire purchase agreement. Here's a concise summary:
House Issue:
*. Problem: The client bought a subsale property with undisclosed wiring, piping, and termite issues. Repair costs are significant.
*. Legal Basis:
- Misrepresentation: If the seller knew about the defects and didn't disclose them.
- Implied Warranty: Under Malaysian law, properties should be free from significant defects.
*. Actions:
- Document all defects and repair costs.
- Send a legal notice to the previous owner.
- Consult a property lawyer for further steps.
*. Problem: The client bought a subsale property with undisclosed wiring, piping, and termite issues. Repair costs are significant.
*. Legal Basis:
- Misrepresentation: If the seller knew about the defects and didn't disclose them.
- Implied Warranty: Under Malaysian law, properties should be free from significant defects.
*. Actions:
- Document all defects and repair costs.
- Send a legal notice to the previous owner.
- Consult a property lawyer for further steps.
Car Issue:
*. Problem: The client's car has recurring defects despite multiple repair attempts. The car is under a hire purchase agreement.
*. Legal Basis:
- Consumer Protection Act *: Protection against defective products.
- Hire Purchase Act *: Ensures goods are of merchantable quality.
*. Actions:
- Document all defects and repair attempts.
- Send a legal notice to the manufacturer or dealer.
- Consult alawyer specializing in consumer protection and hire purchase agreements for further legal action.
Would you like more detailed guidance on any specific part of this case?
*. Problem: The client's car has recurring defects despite multiple repair attempts. The car is under a hire purchase agreement.
*. Legal Basis:
- Consumer Protection Act *: Protection against defective products.
- Hire Purchase Act *: Ensures goods are of merchantable quality.
*. Actions:
- Document all defects and repair attempts.
- Send a legal notice to the manufacturer or dealer.
- Consult alawyer specializing in consumer protection and hire purchase agreements for further legal action.
Would you like more detailed guidance on any specific part of this case?
* companies , company A owned * percent and company B owned * percent. Company C on the other hand is the sub-company as the other company. Company A funded the company and company B to run the project. Company C supposed to do and run the project but then unable to do because the funder person from company A instructed Company A not to let the contract to be subcontracted to Company C or others. What would be your advise?
Leo, it sounds like a complex corporate governance issue. Here are some general steps to consider:
*. Review Agreements:
- Examine the shareholders' agreement and any other relevant contracts to understand the rights and obligations of each party.
*. Board Decisions:
- Ensure that the instructions from Company A's funder align with board-approved decisions.
*. Legal Counsel:
- Consult a corporate lawyer to evaluate the validity of the funder's instructions and explore possible breaches of fiduciary duties.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
*. Review Agreements:
- Examine the shareholders' agreement and any other relevant contracts to understand the rights and obligations of each party.
*. Board Decisions:
- Ensure that the instructions from Company A's funder align with board-approved decisions.
*. Legal Counsel:
- Consult a corporate lawyer to evaluate the validity of the funder's instructions and explore possible breaches of fiduciary duties.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
what is fiduciary duties
Leo, fiduciary duties refer to the obligations that certain individuals or entities have to act in the best interests of another party. In the context of corporate governance, fiduciary duties typically apply to directors and officers of a company. These duties include:
- Duty of Care: Act with the care that a reasonably prudent person would take in a similar position.
- Duty of Loyalty: Act in the best interest of the company and avoid conflicts of interest.
- Duty of Good Faith: Act honestly and with fairness towards the company.
Would you like more information on how fiduciary duties might apply in your specific situation?
- Duty of Care: Act with the care that a reasonably prudent person would take in a similar position.
- Duty of Loyalty: Act in the best interest of the company and avoid conflicts of interest.
- Duty of Good Faith: Act honestly and with fairness towards the company.
Would you like more information on how fiduciary duties might apply in your specific situation?
right track but wrong way
Leo, I see you're dealing with a complex case involving corporate governance and potential breaches of fiduciary duties. Here’s a concise plan of action for your client:
*. Review Agreements:
- Examine all relevant contracts, including the shareholders' agreement, to understand the rights and obligations of Companies A, B, and C.
*. Board Decisions:
- Verify that the instructions from Company A's funder align with decisions made by the board of directors of Company A.
*. Legal Counsel:
- Engage a corporate lawyer to evaluate the legality of the funder’s instructions and explore any breaches of fiduciary duties.
Would you like assistance finding a corporate lawyer in Kuala Lumpur to help with this matter?
*. Review Agreements:
- Examine all relevant contracts, including the shareholders' agreement, to understand the rights and obligations of Companies A, B, and C.
*. Board Decisions:
- Verify that the instructions from Company A's funder align with decisions made by the board of directors of Company A.
*. Legal Counsel:
- Engage a corporate lawyer to evaluate the legality of the funder’s instructions and explore any breaches of fiduciary duties.
Would you like assistance finding a corporate lawyer in Kuala Lumpur to help with this matter?
how to form an action on this matter
Leo, here’s a streamlined action plan for addressing this corporate governance issue:
*. Review Documentation:
- Examine the shareholders' agreement and any contracts relevant to Companies A, B, and C.
*. Board Decisions:
- Ensure the instructions from Company A’s funder are in line with board-approved decisions. Confirm that these instructions don't violate any existing agreements.
*. Consult Legal Counsel:
- Engage a corporate lawyer to:
- Evaluate the funder’s instructions for legality.
- Assess any breaches of fiduciary duties.
- Determine potential actions against the funder or Company A if necessary.
Would you like help finding a corporate lawyer in Kuala Lumpur?
*. Review Documentation:
- Examine the shareholders' agreement and any contracts relevant to Companies A, B, and C.
*. Board Decisions:
- Ensure the instructions from Company A’s funder are in line with board-approved decisions. Confirm that these instructions don't violate any existing agreements.
*. Consult Legal Counsel:
- Engage a corporate lawyer to:
- Evaluate the funder’s instructions for legality.
- Assess any breaches of fiduciary duties.
- Determine potential actions against the funder or Company A if necessary.
Would you like help finding a corporate lawyer in Kuala Lumpur?
bring action in law of trust
Leo, if your client is considering bringing an action in the law of trust, here’s a brief overview and steps they might take:
Key Points:
*. Breach of Fiduciary Duty:
- If Company A’s funder or directors acted against the best interests of the company, it could constitute a breach of fiduciary duty.
*. Constructive Trust:
- If funds or assets were misappropriated or mismanaged, a constructive trust might be imposed to rectify the situation.
*. Breach of Fiduciary Duty:
- If Company A’s funder or directors acted against the best interests of the company, it could constitute a breach of fiduciary duty.
*. Constructive Trust:
- If funds or assets were misappropriated or mismanaged, a constructive trust might be imposed to rectify the situation.
Steps to Take:
*. Evidence Collection:
- Document all actions and communications related to the funding and project decisions.
*. Legal Consultation:
- Engage a lawyer specializing in trust law and corporate governance to evaluate the case.
*. File a Claim:
- If advised, file a claim in court for breach of fiduciary duty or to impose a constructive trust.
Would you like assistance in finding a trust law expert in Kuala Lumpur?
*. Evidence Collection:
- Document all actions and communications related to the funding and project decisions.
*. Legal Consultation:
- Engage a lawyer specializing in trust law and corporate governance to evaluate the case.
*. File a Claim:
- If advised, file a claim in court for breach of fiduciary duty or to impose a constructive trust.
Would you like assistance in finding a trust law expert in Kuala Lumpur?
how to impose constructive trust
Leo, to impose a constructive trust in Malaysia, your client can follow these steps:
*. Identify Grounds:
- Misappropriation or mismanagement of funds/assets.
- Breach of fiduciary duty.
*. Document Evidence:
- Collect all related documents, communications, and transactions.
*. Seek Legal Advice:
- Consult a lawyer specializing in trust law and corporate governance.
*. File a Claim:
- Instruct the lawyer to file a claim in court to impose a constructive trust.
Would you like help finding a trust law expert in Kuala Lumpur?
*. Identify Grounds:
- Misappropriation or mismanagement of funds/assets.
- Breach of fiduciary duty.
*. Document Evidence:
- Collect all related documents, communications, and transactions.
*. Seek Legal Advice:
- Consult a lawyer specializing in trust law and corporate governance.
*. File a Claim:
- Instruct the lawyer to file a claim in court to impose a constructive trust.
Would you like help finding a trust law expert in Kuala Lumpur?
any case law
Case Rating: *
Leo, here are a few relevant case laws in Malaysia that deal with breaches of fiduciary duties and constructive trusts:
*. Tan Sri Abdul Khalid bin Ibrahim v. Bank Islam Malaysia Berhad & Another Case [*] * MLJ *
- Key Point: This case discusses the principles surrounding breaches of fiduciary duty and the imposition of constructive trusts in corporate governance.
*. Tey Tsun Hang v. Siaw Suan Chuang [*] * MLJ *
- Key Point: Addresses issues related to misrepresentation and fiduciary duties, providing insights into how courts view breaches of these duties.
*. Syarikat Perumahan Pegawai Kerajaan Sdn Bhd v. Director General of Inland Revenue [*] * MLJ *
- Key Point: A case that discusses the application of constructive trusts in situations involving misuse of funds.
Would you like assistance in understanding how these cases might apply to your client's situation?
Leo, here are a few relevant case laws in Malaysia that deal with breaches of fiduciary duties and constructive trusts:
*. Tan Sri Abdul Khalid bin Ibrahim v. Bank Islam Malaysia Berhad & Another Case [*] * MLJ *
- Key Point: This case discusses the principles surrounding breaches of fiduciary duty and the imposition of constructive trusts in corporate governance.
*. Tey Tsun Hang v. Siaw Suan Chuang [*] * MLJ *
- Key Point: Addresses issues related to misrepresentation and fiduciary duties, providing insights into how courts view breaches of these duties.
*. Syarikat Perumahan Pegawai Kerajaan Sdn Bhd v. Director General of Inland Revenue [*] * MLJ *
- Key Point: A case that discusses the application of constructive trusts in situations involving misuse of funds.
Would you like assistance in understanding how these cases might apply to your client's situation?
case law regarding parties to the suit in company law
Leo, for case law regarding parties to the suit in company law in Malaysia, here are a few relevant cases that might help:
*. Re: Eng Lian Enterprise Sdn Bhd v. Muniandy Nadasan [*] * MLJ *
- Key Point: This case discusses the standing of parties in a derivative action, where shareholders sue on behalf of the company.
*. Ng Heng Liat v. Penang Rubber Estates Ltd [*] * MLJ *
- Key Point: This case addresses the issue of minority shareholders' rights to bring a suit when the majority is acting oppressively.
*. Re: Kuala Lumpur Industries Holdings Berhad [*] * MLJ *
- Key Point: The case elaborates on the circumstances under which directors and officers can be held personally liable for actions taken on behalf of the company.
Would you like more detailed explanations on any of these cases or help finding a corporate lawyer in Kuala Lumpur?
*. Re: Eng Lian Enterprise Sdn Bhd v. Muniandy Nadasan [*] * MLJ *
- Key Point: This case discusses the standing of parties in a derivative action, where shareholders sue on behalf of the company.
*. Ng Heng Liat v. Penang Rubber Estates Ltd [*] * MLJ *
- Key Point: This case addresses the issue of minority shareholders' rights to bring a suit when the majority is acting oppressively.
*. Re: Kuala Lumpur Industries Holdings Berhad [*] * MLJ *
- Key Point: The case elaborates on the circumstances under which directors and officers can be held personally liable for actions taken on behalf of the company.
Would you like more detailed explanations on any of these cases or help finding a corporate lawyer in Kuala Lumpur?
case law regarding the minority oppression in a company and injunction affecting company's reputation
Leo, here are some key Malaysian case laws regarding minority oppression and injunctions affecting a company's reputation:
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case deals with the oppression of minority shareholders and the court's power to grant relief under Section * of the Companies Act *.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: Discusses the circumstances under which an injunction can be granted to prevent actions that could harm a company's reputation.
*. Re Kumagai Gumi Co Ltd [*] * MLJ *:
- Key Point: This case elaborates on the court's approach to granting injunctions in the context of corporate disputes, including reputational harm.
Would you like more detailed explanations on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case deals with the oppression of minority shareholders and the court's power to grant relief under Section * of the Companies Act *.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: Discusses the circumstances under which an injunction can be granted to prevent actions that could harm a company's reputation.
*. Re Kumagai Gumi Co Ltd [*] * MLJ *:
- Key Point: This case elaborates on the court's approach to granting injunctions in the context of corporate disputes, including reputational harm.
Would you like more detailed explanations on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
Foss v Harbottle (*) and relevant cases around it
Leo, the case of Foss v. Harbottle (*) is a landmark judgment in corporate law that established the "proper plaintiff rule" and the "majority rule principle." Essentially, it states that:
- Proper Plaintiff Rule: Only the company itself, and not individual shareholders, can sue for wrongs done to the company.
- Majority Rule Principle: If the majority of shareholders approve or can ratify an action, the courts will not interfere.
- Proper Plaintiff Rule: Only the company itself, and not individual shareholders, can sue for wrongs done to the company.
- Majority Rule Principle: If the majority of shareholders approve or can ratify an action, the courts will not interfere.
Relevant Cases:
*. Edwards v. Halliwell [*] * All ER *:
- Key Point: Established exceptions to the Foss v. Harbottle rule, such as when the act complained of is illegal or ultra vires, or when a personal membership right is infringed.
*. Daniels v. Daniels [*] Ch *:
- Key Point: Allowed minority shareholders to sue when the actions of the majority are fraudulent or oppressive.
*. Prudential Assurance Co Ltd v. Newman Industries Ltd (No *) [*] Ch *:
- Key Point: Reaffirmed that individualshareholders can bring derivative actions on behalf of the company in cases of fraud or when justice requires it.
Would you like more detailed information on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
*. Edwards v. Halliwell [*] * All ER *:
- Key Point: Established exceptions to the Foss v. Harbottle rule, such as when the act complained of is illegal or ultra vires, or when a personal membership right is infringed.
*. Daniels v. Daniels [*] Ch *:
- Key Point: Allowed minority shareholders to sue when the actions of the majority are fraudulent or oppressive.
*. Prudential Assurance Co Ltd v. Newman Industries Ltd (No *) [*] Ch *:
- Key Point: Reaffirmed that individualshareholders can bring derivative actions on behalf of the company in cases of fraud or when justice requires it.
Would you like more detailed information on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
elaborate more on Prudential Assurance Co Ltd v. Newman Industries Ltd (No *) [*] Ch *
Leo, here's an overview of Prudential Assurance Co Ltd v. Newman Industries Ltd (No *) [*] Ch *:
Key Points:
*. Derivative Action:
- The case reaffirms that individual shareholders can bring a derivative action on behalf of the company.
- Derivative actions are typically allowed when the company itself is unable to act due to the control of wrongdoers.
*. Fraud on the Minority:
- The court emphasized that shareholders can sue if the majority commits fraud or other wrongful acts that harm the company and minority shareholders.
- Fraud, in this context, includes any breach of duty that results in a detriment to the company.
*. Exceptions to Foss v. Harbottle:
- The case highlighted the exceptions to the "proper plaintiff rule" established in Foss v. Harbottle:
- Where the act complained of is illegal or ultra vires.
- Where the act constitutes a fraud on the minority.
- Where a personal membership right is infringed.
*. Derivative Action:
- The case reaffirms that individual shareholders can bring a derivative action on behalf of the company.
- Derivative actions are typically allowed when the company itself is unable to act due to the control of wrongdoers.
*. Fraud on the Minority:
- The court emphasized that shareholders can sue if the majority commits fraud or other wrongful acts that harm the company and minority shareholders.
- Fraud, in this context, includes any breach of duty that results in a detriment to the company.
*. Exceptions to Foss v. Harbottle:
- The case highlighted the exceptions to the "proper plaintiff rule" established in Foss v. Harbottle:
- Where the act complained of is illegal or ultra vires.
- Where the act constitutes a fraud on the minority.
- Where a personal membership right is infringed.
Implications:
- The ruling provides a mechanism for minority shareholders to seek justice when they are unable to rely on the company or the majority totake appropriate action.
- It ensures that wrongdoers within a company cannot hide behind majority control to escape liability for their actions.
- The ruling provides a mechanism for minority shareholders to seek justice when they are unable to rely on the company or the majority totake appropriate action.
- It ensures that wrongdoers within a company cannot hide behind majority control to escape liability for their actions.
Steps to Take:
*. Gather Evidence:
- Collect documentation and evidence of any fraudulent or wrongful acts by the majority shareholders or directors.
*. Legal Consultation:
- Consult a corporate lawyer to assess the viability of a derivative action and prepare the necessary legal documents.
*. File Derivative Action:
- If advised, file a derivative action on behalf of the company to address the wrongs committed.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
*. Gather Evidence:
- Collect documentation and evidence of any fraudulent or wrongful acts by the majority shareholders or directors.
*. Legal Consultation:
- Consult a corporate lawyer to assess the viability of a derivative action and prepare the necessary legal documents.
*. File Derivative Action:
- If advised, file a derivative action on behalf of the company to address the wrongs committed.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
case law on minority oppression
Leo, here are some key Malaysian case laws on minority oppression:
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case discusses relief available under Section * of the Companies Act *, which deals with actions oppressive to minority shareholders.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: This case provides insights into the court's approach to minority oppression and the circumstances under which an injunction can be granted to protect minority shareholders.
*. Re Kuala Lumpur Industries Holdings Berhad [*] * MLJ *:
- Key Point: Explores the conditions under which directors and majority shareholders can be held liable for actions that oppress minority shareholders.
Would you like more detailed explanations on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case discusses relief available under Section * of the Companies Act *, which deals with actions oppressive to minority shareholders.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: This case provides insights into the court's approach to minority oppression and the circumstances under which an injunction can be granted to protect minority shareholders.
*. Re Kuala Lumpur Industries Holdings Berhad [*] * MLJ *:
- Key Point: Explores the conditions under which directors and majority shareholders can be held liable for actions that oppress minority shareholders.
Would you like more detailed explanations on any of these cases or assistance in finding a corporate lawyer in Kuala Lumpur?
case law to protect company from the oppression from minority shareholders control
Leo, here are some key Malaysian case laws that deal with the protection of a company from the oppression by minority shareholders:
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case deals primarily with the oppression of minority shareholders but provides insights into the court's approach to corporate governance and shareholder disputes.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: Discusses circumstances where minority actions were scrutinized by the court, providing a broader understanding of shareholder rights and corporate protection mechanisms.
*. Re Kuala Lumpur Industries Holdings Berhad [*] * MLJ *:
- Key Point: This case explores the liability of directors and majority shareholders, providing a broader perspective on corporate governance and the protection of the company from disruptive minority actions.
*. Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *:
- Key Point: This case deals primarily with the oppression of minority shareholders but provides insights into the court's approach to corporate governance and shareholder disputes.
*. Re Tee Yong & Co Pte Ltd [*] * MLJ *:
- Key Point: Discusses circumstances where minority actions were scrutinized by the court, providing a broader understanding of shareholder rights and corporate protection mechanisms.
*. Re Kuala Lumpur Industries Holdings Berhad [*] * MLJ *:
- Key Point: This case explores the liability of directors and majority shareholders, providing a broader perspective on corporate governance and the protection of the company from disruptive minority actions.
Steps to Take:
*. Review Agreements:
- Examine the shareholders' agreement and any relevant corporate governance documents.
*. Board Decisions:
- Ensure that the board's decisions are documented and comply with company bylaws and the shareholders' agreement.
*. Legal Advice:
- Consult a corporate lawyer to assess the validity of the minority's actions and explore possible legal remedies.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
*. Review Agreements:
- Examine the shareholders' agreement and any relevant corporate governance documents.
*. Board Decisions:
- Ensure that the board's decisions are documented and comply with company bylaws and the shareholders' agreement.
*. Legal Advice:
- Consult a corporate lawyer to assess the validity of the minority's actions and explore possible legal remedies.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur?
legal principle regarding minority oppression to majority shareholder
Leo, here's an overview of legal principles regarding minority oppression to majority shareholders in Malaysia:
Key Points:
*. Section * of the Companies Act *:
- Oppression: This section provides relief to shareholders if they can prove that the company's affairs are being conducted in a manner oppressive to any shareholder(s).
- Unfair Prejudice: It also covers situations where actions are unfairly prejudicial to the interests of any shareholder(s).
*. Relief and Remedies:
- Court Orders: The court can grant various orders, including regulating the conduct of the company’s affairs, declaring transactions or resolutions void, or even winding up the company.
*. Case Law:
- Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *: This case is foundational in understanding the principles of minority oppression under Section *.
- Re Tee Yong & Co Pte Ltd [*] * MLJ *: Offers insights into circumstances warranting court intervention to protect shareholder interests.
*. Section * of the Companies Act *:
- Oppression: This section provides relief to shareholders if they can prove that the company's affairs are being conducted in a manner oppressive to any shareholder(s).
- Unfair Prejudice: It also covers situations where actions are unfairly prejudicial to the interests of any shareholder(s).
*. Relief and Remedies:
- Court Orders: The court can grant various orders, including regulating the conduct of the company’s affairs, declaring transactions or resolutions void, or even winding up the company.
*. Case Law:
- Re Kong Thai Sawmill (Miri) Sdn Bhd & Anor [*] * MLJ *: This case is foundational in understanding the principles of minority oppression under Section *.
- Re Tee Yong & Co Pte Ltd [*] * MLJ *: Offers insights into circumstances warranting court intervention to protect shareholder interests.
Steps to Take:
*. Document Actions:
- Gather evidenceof any actions by the minority shareholders that are oppressive or unfairly prejudicial.
*. Legal Notice:
- Send a formal notice to the minority shareholders outlining the issues and seeking a resolution.
*. Consult a Lawyer:
- Engage a corporate lawyer to evaluate the situation and potentially file for relief under Section * of the Companies Act *.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur to help with this matter?
*. Document Actions:
- Gather evidenceof any actions by the minority shareholders that are oppressive or unfairly prejudicial.
*. Legal Notice:
- Send a formal notice to the minority shareholders outlining the issues and seeking a resolution.
*. Consult a Lawyer:
- Engage a corporate lawyer to evaluate the situation and potentially file for relief under Section * of the Companies Act *.
Would you like assistance in finding a corporate lawyer in Kuala Lumpur to help with this matter?
what is main or key points from Foss v. Harbottle (*)
Leo, here are the main points from *Foss v. Harbottle (*)*:
- Proper Plaintiff Rule: Only the company itself, not individual shareholders, can sue for wrongs done to the company.
- Majority Rule Principle: If the majority of shareholders approve or can ratify an action, courts generally will not interfere.
- Exceptions: Later cases established exceptions, such as fraud on the minority or actions that are illegal or ultra vires (beyond the company's powers).
Would you like more information on any related cases or principles?
- Proper Plaintiff Rule: Only the company itself, not individual shareholders, can sue for wrongs done to the company.
- Majority Rule Principle: If the majority of shareholders approve or can ratify an action, courts generally will not interfere.
- Exceptions: Later cases established exceptions, such as fraud on the minority or actions that are illegal or ultra vires (beyond the company's powers).
Would you like more information on any related cases or principles?
exceptions in Edwards v. Halliwell [*]
Leo, the case of *Edwards v. Halliwell [*]* established key exceptions to the *Foss v. Harbottle* rule. Here are the main exceptions:
*. Acts Ultra Vires:
- Actions that are beyond the powers of the company or its directors.
*. Fraud on the Minority:
- When the wrongdoers are in control and commit fraud against minority shareholders.
*. Personal Rights Infringement:
- When the act infringes on the personal rights of individual shareholders.
*. Special Majority Required:
- Actions that require a special majority but were approved by an ordinary majority.
Would you like more details on any of these exceptions?
*. Acts Ultra Vires:
- Actions that are beyond the powers of the company or its directors.
*. Fraud on the Minority:
- When the wrongdoers are in control and commit fraud against minority shareholders.
*. Personal Rights Infringement:
- When the act infringes on the personal rights of individual shareholders.
*. Special Majority Required:
- Actions that require a special majority but were approved by an ordinary majority.
Would you like more details on any of these exceptions?
A matter has been brough to you by Perrin, who wishes to claim RM3000 in damages
for destruction to his home fence by his neighbour. He has asked his neighbour,
Sombong Farm Sdn Bhd (“SF”), to cease and desist farming on his neighbours land
close to his land or take mitigative drainage construction on the SF’s property. The
land is gazetted by the State and Municipal Authority for residential purposes. SF has
ignored Perrin’s requests. The water flow from SF’s land has been the cause of the
damage to Perrin’s fence as the soggy soil cause the fence poles to shift and collapse.
Perrin appears to have a strong case for claiming damages under tort law, specifically for negligence and nuisance. Here are some legal steps Perrin can take:
*. Document the Damage:
- Gather evidence of the fence damage and the water flow from SF's land.
*. Send a Legal Notice:
- Draft a legal notice to SF, demanding RM3000 in damages and requesting mitigative actions.
*. Consult a Lawyer:
- A property or tort lawyer can help draft the notice and advise on further legal action.
Would you like assistance in finding a lawyer in Kuala Lumpur?
*. Document the Damage:
- Gather evidence of the fence damage and the water flow from SF's land.
*. Send a Legal Notice:
- Draft a legal notice to SF, demanding RM3000 in damages and requesting mitigative actions.
*. Consult a Lawyer:
- A property or tort lawyer can help draft the notice and advise on further legal action.
Would you like assistance in finding a lawyer in Kuala Lumpur?
Perrin calls you 5 days after the first Case Management and tells you that SF is
continuing its farming activities but has increased irrigation due to dry weather. Water
outflow to Perrin’s land has increased which increased the soil erosion at the fence
and some water has begun to erode his house foundation. Perrin’s house lies *
meters away from the fence where the earlier repaired damage occurred. Perrin
worries that his house may be damaged or flooded.
Perrin's escalating situation strengthens the case for legal action. Here are the next steps:
*. Document the New Damage:
- Take photos and videos of the increased soil erosion and any impact on the house foundation.
- Collect any expert evaluations, such as from a civil engineer.
*. Send an Updated Legal Notice:
- Include the new issues and potential future damages, demanding immediate mitigative actions and compensations.
*. Consult a Lawyer:
- A property or tort lawyer can help escalate the matter, possibly seeking an injunction to stop SF's activities.
Would you like assistance in finding a property/tort lawyer in Kuala Lumpur?
*. Document the New Damage:
- Take photos and videos of the increased soil erosion and any impact on the house foundation.
- Collect any expert evaluations, such as from a civil engineer.
*. Send an Updated Legal Notice:
- Include the new issues and potential future damages, demanding immediate mitigative actions and compensations.
*. Consult a Lawyer:
- A property or tort lawyer can help escalate the matter, possibly seeking an injunction to stop SF's activities.
Would you like assistance in finding a property/tort lawyer in Kuala Lumpur?
Advise Perrin on what action he can take to mitigate or prevent such damage
at this stage ?
Perrin should take the following actions to mitigate or prevent further damage:
*. Immediate Documentation:
- Capture photos and videos of the current damage and ongoing water flow.
- Obtain expert evaluations, such as from a civil engineer or soil expert.
*. Temporary Measures:
- Implement temporary drainage solutions to divert water away from the house and fence.
- Erect temporary barriers to reduce soil erosion.
*. Legal Steps:
- Send an updated legal notice to SF, detailing the increased damage and demanding immediate action.
- Consult a property or tort lawyer to seek an injunction against SF's activities and claim compensation for the damages.
Would you like assistance in finding a property/tort lawyer in Kuala Lumpur?
*. Immediate Documentation:
- Capture photos and videos of the current damage and ongoing water flow.
- Obtain expert evaluations, such as from a civil engineer or soil expert.
*. Temporary Measures:
- Implement temporary drainage solutions to divert water away from the house and fence.
- Erect temporary barriers to reduce soil erosion.
*. Legal Steps:
- Send an updated legal notice to SF, detailing the increased damage and demanding immediate action.
- Consult a property or tort lawyer to seek an injunction against SF's activities and claim compensation for the damages.
Would you like assistance in finding a property/tort lawyer in Kuala Lumpur?