What is Trespass and Nuisance?
Trespass happens when someone enters or interferes with another person’s land without permission or lawful reason. A landowner has the right to enjoy and use…
Articles
ILLEGALITY
The doctrine of illegality is a fundamental principle of contract law in Malaysia, providing that agreements tainted by unlawfulness are void and unenforceable. The primary…
REWRITING THE BATTLEFIELD: THE POWER AND LIMITS OF AMENDING PLEADINGS
Introduction “Can we amend our pleadings?” This is the high-stakes, nerve-wracking question that almost every litigator faces when a smoking gun emerges at the eleventh hour…
Part 1: THE CASE OF WONG QI SHENG v EUROFINS GSC IT MALAYSIA SDN BHD & THE DUAL-FORUM DILEMMA
The case of Eurofins GSC IT Malaysia serves as a landmark illustration of how sexual harassment in the Malaysian workplace is dealt with under the…
Business Ideas Theft: How IP Rights Save the Day
When a business idea or product is “stolen,” protection depends on the type of intellectual property involved. For branding elements such as names, logos, slogans,…
Thinking of Changing Your Master/Firm During Your 9-Month Pupillage? Here’s the Chambering Guide!
Pupillage is an important stage in the journey of becoming an advocate and solicitor. During the nine months of chambering, pupils gain practical exposure under…
The Tort of Passing Off and Honest Concurrent Use: A Comparative Analysis
The Central Question When businesses have coexisted for an extended period with similar names and logos in a related industry, can a defendant successfully argue…
TORT OF PASSING OFF
Both passing off and trademark infringement are legal ways to protect a business’ brand identity or intellectual property. Passing off is a common law action…
From Filing to Trial Day: The Life Cycle of a Civil Case
This flow chart presents the procedural journey of a civil case, beginning with the filing of the Writ and Statement of Claim and concluding at…
DID YOU KNOW YOUR LAWYER HAS TO “KYC” YOU?
A KYC form (Know Your Customer form) is basically a “Get to Know You” form that companies use to make sure you are really you. It’s part…