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Clement. Of All Trades.
The Sticky Notes from a Corporate Counsel
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Limitation Periods: Malaysian Statutory Bars vs Prescription under the Chinese Civil Code
Interpretation of Terms: Malaysian Literalism vs Chinese Contextualism
Vitiating Factors: From Malaysian Undue Influence to Chinese Rules on Exploitation
Assignment of Rights: Malaysian Statutory Formalities vs. the Chinese Notice System
Privity of Contract: The Malaysian Common Law Rule vs Chinese Third-Party Rights
Anticipatory Breach: The Malaysian Right of Election vs the Chinese Defence of Security
Liquidated Damages: From the Malaysian “Penalty Rule” to Chinese Judicial Adjustment
Force Majeure vs. Change of Circumstances: Rebalancing the Bargain
Termination for Convenience: Is It Truly “At Will” Under the Civil Code?
Pre-Contractual Liability: Culpa in Contrahendo vs. Freedom to Negotiate
Good Faith: An “Omnipotent” Principle vs. a Reluctant Doctrine
The Death of Consideration: Implications for Malaysian Lawyers in Chinese Contract Formation
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