Articles of law By Bhag Singh (PAGE 08)

1. Guarantors’ obligations
   22/11/2005  The Star
   The word “guarantee” is one of the most commonly used words. And it is often used very casually and loosely. The result is that sometimes it gives all the protection and on other occasions very little or even none. This may come about because of the words that are used in particular situations. In other instances it is the legal interpretation that matters.
    
2. Rights of guarantors
   29/11/2005  The Star
   Last week the liabilities of a guarantor were discussed. And it will have been noted that the liabilities are very extensive. It is almost as if it is the guarantor who obtained the loan. This is even more so when those who are the beneficiaries of the guarantee ensure that it is converted into an indemnity. This is achieved through including a clause to say that the guarantor will also indemnify the creditor thus placing him in the position of a principal debtor.
    
3. Undue influence
   15/11/2005  The Star
   The existence of undue influence in the formation of a contract can lead to its being flouted by the party who claims to have been influenced to agree to it. This is because all contracts depend on “free consent” and consent is said to be free only if it is not caused by undue influence. This makes it necessary to understand what “undue influence” means.
    
4. Role of the law
   03/01/2006  The Star
   IT IS natural that people and organisations in any country will face various economic, social and other challenges which will have to be dealt with. In the course of all this, the legal system will continue to affect our lives. It provides comfort and hope because it regulates our lives and the conduct of people in providing protection, relief and remedies. Disappointment comes in when the law appears to fail to provide protection, relief and remedies in a timely manner or even at all. However, the law is not always to blame.
    
5. Criticising or defaming?
   10/01/2006  The Star
   MALAYSIANS, like people in many other parts of the world, are becoming more aware of their rights and concerned with what goes on in the country that affects them directly or indirectly.
    
6. Trespassing problems
   07/02/2006  The Star
   When purchasing a property, many considerations like its location, financial implications and obligations are involved. The legal aspect covers all these matters and others. A property buyer is usually represented by a solicitor. As such, it may be thought that everything will turn out well. However, this is not always the case.
    
7. Constraints of arbitration
   28/02/2006  The Star
   When the subject of litigation comes up in discussion, it is not unusual for the word “arbitration” to pop up as if it is the solution to all delays and obstacles that are often associated with litigation in courts. As useful as arbitration may be to bring to a conclusion disputes, it is not without its constraints and limitations.
    
8. Being blacklisted
   07/03/2006  The Star
   We live in an age where organisations are becoming bigger, transactions more complex and dealings ever more impersonal. The reliance on procedures and guidelines in the work flow has become greater. Even though guidelines are in place to enable matters to proceed properly there can be cause for unhappiness. An example is where an organisation engages in an activity which involves compiling a list of people who have been sued. In some countries it may be called a “blacklist”.
    
9. Failure to agree
   14/03/2006  The Star
   Much has been said about arbitration as a means of resolving conflicts. Except in the case of statutory regulation, the route to arbitration is adopted through the exercise of the free will of those involved in the transaction. Any reference of a disagreement to arbitration has to be by consent of the parties. The arbitration agreement must be in writing by virtue of the Arbitration Act 1950.
    

10. Authority to act
    21/03/2006  The Star
    In doing business it is not always possible to do everything on your own. The others involved may be agents, employees, partners or fellow directors in a company. On occasion, one of these parties may enter into an arrangement with a third party, with which the rest do not agree with. What is the effect of such a transaction when rights of third parties have been created? To appreciate the position, it becomes necessary to be aware that such acts can cause dissension. Where one party has made a commitment, are those who disagree the majority or minority? Are they shareholders or employers?