by Lorrine Xavier | Mar 18, 2019 | Consumer Protection, Corporate
Are ‘one-sided’ exclusion clauses enforceable? The Malaysian Federal Court weighs in; As discussed in our previous post, exclusion clauses are enforceable in general, no matter how wide they appear to the courts, provided that: The clause is not found to be unfair...
by Donovan & Ho | Mar 8, 2018 | Consumer Protection, Corporate
“In no event will A be liable for any lost profits, loss of business, loss of use, loss of goodwill, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages suffered by B by reason of any delay in performance or...
by Donovan & Ho | Jan 16, 2017 | Consumer Protection, Dispute Resolution, Real Estate
Strata living is, for the most part, a microcosm of what it means to be part of society: mutual cooperation. Due to the nature of strata ownership, parcel owners do not own anything else besides their allotted unit and must depend on mutual cooperation to maintain the...
by Donovan & Ho | Jul 18, 2016 | Consumer Protection, Dispute Resolution, Personal Data Protection
Updated: Pokemon Go is now live in Malaysia effective 7 August 2016. The rest of this article is current as of the date of posting. Pokémon Go is the most downloaded mobile game in US history. Although it’s not available in Malaysia yet, this hasn’t stopped it from...
by Donovan & Ho | Jul 6, 2015 | Consumer Protection
Mary is interested to join a popular gym in Kuala Lumpur. The gym offers her what seems to be an attractive package – pay a lump sum upfront for a whole year’s membership in order to get a discount. Mary signs up for the package and pays the membership...
by Donovan & Ho | Dec 11, 2014 | Consumer Protection
In Malaysia, consumers who are dissatisfied with their purchases have an avenue to file a complaint with the Tribunal for Consumer Complaints (“Tribunal“). The tribunal is an independent body created by statute (the Consumer Protection Act 1999) which came...
