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The principle of limitation is rooted in the public policy that there should be an end to litigation. A claimant should pursue a claim with all reasonable speed and vigour rather than sleeping on their rights. Furthermore, as time passes, the quality of evidence deteriorates, making it increasingly difficult for a defendant to mount a […]
May 10, 2026
Interpreting contractual terms is a common source of commercial disputes. Even seemingly clear agreements can become complex due to ambiguous language or unforeseen events. Malaysian law and the 2020 Chinese Civil Code offer distinct approaches: Malaysia relies on the objective meaning of words and excludes extrinsic evidence, while China emphasises a broader inquiry that includes […]
April 9, 2026
A contract represents the free will of the parties. If that will is compromised by external pressure or unfair advantage, the law allows the agreement to be set aside through vitiating factors. Both Malaysia and China recognise that contracts formed under improper pressure should not stand, but they apply different legal tests to determine unconscionability. […]
April 2, 2026
In international trade, contracts represent valuable bundles of rights and obligations. For example, a supplier may sell its right to receive payment to a bank to improve cash flow, or a parent company may transfer its rights under a service agreement to a subsidiary. Both Malaysian law and the Chinese Civil Code enable such transfers, […]
March 26, 2026
Privity of contract is a core principle of common law, but it is also one of the most debated areas in commercial law. It prevents contracts from conferring rights or obligations on non-parties. While jurisdictions like the United Kingdom and Singapore have enacted laws allowing third parties to enforce contractual benefits, Malaysia has not adopted […]
March 20, 2026
In the world of international commerce, timing is everything. When a party realises that its counterparty is unlikely to fulfil its side of the bargain, the natural instinct is to stop performance to minimise losses. However, the legal consequences of “jumping the gun” vary significantly between common law jurisdictions like Malaysia and the civil law […]
Clement. Of All Trades. 
May 14, 2026
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