Articles of law By Bhag Singh (PAGE 07)

1. Personal gain
   28/06/2005  The Star
   Directors of companies have to be very careful when they carry out duties on behalf of the company – especially when they are likely to obtain a benefit for themselves in the process. The line between incidental enrichment and a breach of fiduciary duty can sometimes be a very fine one. The duty of a director as set out in the Companies Act 1965 is “at all times to act honestly and use reasonable diligence in the discharge of the duties of his office.”
    
2. Action on slander 
   12/07/2005  The Star
   Sometimes statements or even words used may be considered offensive by the person referred to and invite retaliation.  A person who feels aggrieved over what has been said of him may find that defamation comes to mind. Yet it has been said that many people get away because the comments were made verbally.
    
3. Split ownership
   02/08/2005  The Star
   We often read in the news about wives being harassed by lenders of money or their representatives, especially if it was not the wives who borrowed the money or even approved of it. The wives’ objection to harassment is another matter. Such harassment is wrong because it often involves taking loans on terms and conditions that are not in accordance with the law and the attempt at recovery by extra judicial means.
    
4. Buying a house
   23/08/2005  The Star
   Most people want to buy and own a house. However the manner in which house buyers acquire the property can vary from case to case. Today many, if not most, first-time house buyers purchase property from a housing developer. The procedures for such purchase are well regulated by the law and, to a limited extent, by practice.
    
5. Tenancy troubles 
   13/09/2005  The Star
   A person has a house in Malaysia but spends several years working abroad. During this time the house is rented out to a family introduced by a neighbour. The tenant banks the rent into the landlord’s bank account. All seems well.
    
6. Time to pay
   04/10/2005  The Star
   In an earlier article, situations were highlighted where even though work had been done or a benefit conferred by one party on another, there was no right to payment by the party conferring the benefit. Here the reverse situation will be discussed. The party that benefits may not have agreed to make payment but payment must nevertheless be made.
    
7. Out of bounds 
   11/10/2005  The Star
   THE purchase of a house is a heavy responsibility and an important milestone in anyone’s life. This is because not only does the person end up using a good part of his monthly income towards repayment of the loan but he also continues to do so in most cases throughout a good part of his life. One would think that a Sale and Purchase Agreement (SPA) prepared by lawyers and the transfer of title would completely safeguard the buyer. It usually does but much also depends on the circumstances as well as the contents of the SPA.
    
8. Stalled projects 
   25/10/2005  The Star
   Matters relating to purchase of property continue to be of concern to the public whether they are citizens or not. This is because anyone can buy property in Malaysia though in the case of non-citizens there could be some restrictions.
   Quite apart from the fact that there may be defects, one of the more frequent grievances of a house buyer is that of delay. It could be a delay in which completion is foreseeable, but sometimes there is likelihood that the project will be stalled indefinitely.
    
9. Scope of nominee directors
   02/11/2004  The Star
   TODAY business is done mainly through the use of companies formed under the Companies Act 1965. These are recognisable by reason of the words “Sendirian Berhad” or “Berhad” at the end of their names. Of course much business is done through sole proprietorships and partnerships as well as cooperatives, not to mention statutory bodies.
    
10. Broken promises
    08/11/2005  The Star
    In life many things are said and sometimes what is said is perceived to be a promise made by one person to another. More so when these are social and not business relationships. Statements may be made and it can be difficult to determine whether these were serious statements to be relied upon or mere utterances in order to make casual or polite conversation.