Author: nickvooi

[67] A passage from Civil Remedies in Malaysia may make the point clearer where the learned author states the following at p 14: It has been explained that ‘[a] contract is a contract from the time it is made, and not from the time performance is due’. The promisee, while awaiting performance, is entitled to … Continue reading Damansara Realty Bhd v Bungsar Hill Holdings Sdn Bhd & Anor [2011] 6 MLJ 464 FC →

"Besides, I take it to be an universal principle of law and justice, that no man can take advantage of his own wrong. Now it would be most inconsistent with that principle, to permit the defendant to protect himself against the consequences of this action, by afterwards setting up his own wrongful act at a … Continue reading Alghussein Establishment v Eton College [1991] 1 All ER 267 →

"It never ceases to amaze me: we all love ourselves more than other people, but care more about their opinion than our own." — Marcus Aurelius

“My life philosophy has been a simple one: try as far as possible to be the proverbial common man, lead a simple life (to the extent life can be simple) with humility and be grateful to Allah for what He has bestowed me.” Tan Sri Mohamad Ariff Yusof

“The only way to win in a Las Vegas casino is to exit as soon as you enter.” Excerpt FromThe Psychology of Money: Timeless Lessons on Wealth, Greed, and HappinessMorgan HouselThis material may be protected by copyright.

“In Malaysia, the terminology of fundamental breach, which is a concept of the common law, though not in exact term terms has become a creature of statute (see Choo Yin Loo v Visuvalingam Pillay (1930) 7 FMSLR 135). The relevant provision which is now enshrined in s 40 of the Act reads: When a party to … Continue reading Hwa Chea Lin & Anor v Malim Jaya (Melaka) Sdn Bhd[1996] 4 MLJ 544 MT at p551 →

“Financial struggle is often the result of people working all their lives for someone else.” Excerpt FromRich Dad Poor DadRobert T. KiyosakiThis material may be protected by copyright.

"I think that clause 12 and all other clauses are to be read subject to an overriding condition or proviso that the party shall not take advantage of his own wrong, and therefore is estopped from alleging invalidity of which his own breach of contract is the cause." New Zealand Shipping case (1917) 2 KB … Continue reading New Zealand Shipping Company Ltd v Société des Ateliers et Chantiers de France →

“Equity however will only interfere and invoke the aid of its jurisdiction if the appellant shows that it will be unconscionable to allow the respondent to retain the money he has forfeited...” K Umar Kandha v E. L. Magness [1985] 1 MLJ 116 MP

“The chief task in life is simply this: to identify and separate matters so that I can say clearly to myself which are externals not under my control, and which have to do with the choices I actually control. Where then do I look for good and evil? Not to uncontrollable externals, but within myself … Continue reading QOTD →