FAAIZ Law

15/04/2025

Al-Fatihah.

Selamat jalan Pak Lah ke negeri abadi. Sesungguhnya setiap yang bernyawa itu pasti akan mati.

26/04/2024

We are hiring. Interested candidates may apply through our admin email at [email protected].

29/12/2023

The 3 reasons were given in the case of Tan Ah Kian v Haji Hasnan where the judge said,

“...Firstly, time is of the essence of the contract where the parties expressly stipulate in the contract that it shall be so…

Secondly time is of the essence of the contract where it was not originally stated to be so but has been made so by one party by giving reasonable notice to the other, who has failed to perform the contract, with sufficient promptitude…
Thirdly, time is the essence of the contract where from the nature of the contract or of its subject matter time must be taken to be of the essence of the agreement...”
Confused? Yeah, so were we. In human terms, the judge basically said that time is important when:

the seller and buyer agreed in the contract that time is important; or
when it is not agreed in the contract, but the buyer later notifies the seller that time is important and sets a second deadline; or
the item you ordered can easily rot, like fruits.
But even if you know that you can do this, cancelling your order shouldn’t be your first option. It is probably better to talk to the seller first before resorting to any extreme measures.

But going down this route can be expensive in terms of legal fees, so the value of your purchase should also be considered. If a shirt costed you RM20, forking out hundreds or thousands of ringgit for legal fees for late delivery isn’t exactly ideal. But on the flip side, if you ordered a RM10,000 refrigerator, then it would be rational to sue and get refunded.

In order to give a better understanding of these 3 situations, let’s look at each reason given by the judge in detail.

28/12/2023

27/12/2023

If you go to just about any public place, you would easily find surveillance cameras, better known as CCTVs, around. In fact, many homes also have cameras in their compounds for safety reasons. Having cameras on your property can be good thing, as it allows you to monitor your surroundings and look out for any suspicious activities. If something untoward like a robbery happened, it would be easier to identify the person who did it.

But as good as cameras may be for us, they can also be seen as a threat to privacy—especially because they involve recording other people. Now, you may have not considered this before, but you can actually get in trouble for having a CCTV on your property, if it invades another person’s privacy, In fact, someone did sue his neighbour for having a CCTV outside his home.

Before we tell you that story, let’s briefly look at privacy laws in Malaysia...and how they don’t really exist.

22/12/2023

Normally, if you were to send a resignation letter to your employer, they would probably be in the right to accept it. But imagine that you were in the bouts of mental illness, and your judgement is impaired when you wrote it. Not only that, your employers knew you are suffering from it and might have written your resignation letter in that condition. Are they still wrong to accept it?

In the 1980s, that happened to a mentally ill person, and his two brothers decided that it was wrong. They decided to sue the employer for accepting it—but there’s an extra twist: the employer was the Malaysian government.

As we’ll see, they succeeded to go against the government and win their case. This case is still cited until now, because it’s an exception of an exception, where two laws were combined to make a decision. And also, because the government’s lawyer used an interesting tactic: they tried to avoid the case, by saying there is no case in the first place—that the brothers sued too late, way past the deadline.

20/12/2023

If you’re buying a new house from a developer, you’ll probably believe these two things:

If your house is delivered late, you can get a late delivery payment from these slow developers (grr). You just need to check what’s the promised date on your Sale and Purchase Agreement (SPA), calculate how late they are, and get your proper compensation.
Paying a booking fee for your house is the norm
But a court case in 2021 might just change these perceptions. In a recent Federal Court case, two things were made clear:

Late delivery payment will be calculated from the date you paid the booking fee, NOT when your SPA was signed.
Booking fees are actually illegal
The first one was a landmark decision. But believe it or not, number 2 is not something new: booking fees have been illegal since the 1980s.

Let’s go through things one by one, and start with the first point: late delivery payment.

19/12/2023

After a long 12-hour flight, you’ve finally landed in KLIA. You’re missing your vacation in London already, and you’ve brought home a ton of mementos from your trip.

It’s time to collect your bags and you’re so excited to get home so that you can give all these gifts to your family. You’re waiting and waiting… and waiting. 20 minutes pass, and most of the bags have been claimed by their owners. Another 20 minutes go by, and there are just 3 bags left on the conveyor belt – none of which are yours.

Frustrated, you walk over to the nearest airport staff you see and tell them that your bag is not there. She then tells you that your bag might arrive later or worse, missing, as in it might have been accidentally put on another flight. You also realise that together with your gifts, you had a bunch of essentials like your clothes and chargers. You’re asked to file a complaint to the airline, but you’re not sure if getting your luggage back or receiving some compensation alone is enough.

You might want to sue the airline for the inconvenience caused, but… can you?

18/12/2023

Imagine this: You’re involved in a lawsuit with your company. You hire a lawyer from a reputable law firm, and the lawyer representing your case is a pretty well-known person in the industry. The dispute goes on, and your lawyer seems to be doing a great job...until one day, you get an email from him stating that the law firm is no longer around—as the partners have split up.

As a client whose case is still ongoing, you’re worried sick about what’s going to happen to your case—and the money you’ve already paid to the law firm. So in this article, we’ll be saving you from heartbreak and an empty pocket...and a bad lawsuit, in the event a law firm splits in Malaysia.

The question now is, what happens to your case if the partners of the law firm decide to call it quits?

But first, let’s briefly look into how law firms are formed.

15/12/2023

If you live in a condo, you would most likely have had your share of your problems with the management or developer. You’ve probably put up with a lot of things you aren’t happy about, and you might be sure if there’s anything you can actually do about it. But here we have 5 things that you may or not may have known you can sue your condo management for. At the end of this article, you’ll also find a link on steps to sue your developer.

Before we get into the list of things you can sue your management for, let’s take a step back and look at who actually is the management.

The developer – these are the people who bought the land and built your condo on it. For about the first year or so, they’ll be in charge of managing your property.
Joint Management Body (JMB) – your developer is supposed to hold a meeting with the condo residents about a year after your home is to ready for you to move into. Once this meeting is held, a new management will be formed and the JMB will take over the role of managing your property.
Management Corporation – Once strata titles are issued for the units in your condo, a Management Committee (MC) will take over the management. If you don’t know what a strata title is, no worries! We’ll explain it in detail below. But basically, a strata title is given to you to say that you are the sole owner of your house, and issuing this will usually take a little bit of time.
It’s important for you to know exactly who is managing your property, so that you will be able to hold the right party responsible. Now that we’ve established this, let’s talk about some things you can sue them for: