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PaTriCKliM
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Ye keat want to upgrade he laptop to Sony one.So he plan to sell he old laptop to replace to new one . Ye keat put an advertising on Mudah .com as " HP laptop core 2 duo 1.67ghz for sale " . After 1 week ye keat receive a call from Ali who interested to the hp laptop. Ali is stay in Kedah but Ye keat stay in kl, so the process done by postlaju . In the next day Ali receive the laptop , he found that the brand for this laptop is Compaq but not HP brand even though Compaq is brand under HP. In this case what Ali can do againt Ye keat ?
In this case , is advise that Ali sue Ye keat for the breach of condition . This because in there is contract for sale of good by Description "Hp laptop core 2 duo 1.67ghz for sale ", there is implied condition state that good should correspond with the description according to the sale of good act 1957. This case is similar to the case of " Beale v Taylor".So in this case , Ali should entitle to the damage for breach of condition since the brand name of the laptop is no the one as Ye keat mention in the advertising .
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PaTriCKliM
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Dr.Lim start up the Clinic business in 2005, the business is grow up due to the good services provide by this clinic . At 2007, Dr.Lim own the Hospital Tawaka due to the extension of his business .Giving the name of hospital as Tawaka Behad . Unfortunately , at the year 2008 Dr.Lim attack from stroke , and doctor advise him to retire and have more rent in the house . Due he health problem and the case Dr.lim don't have any children . At year 2009 ,DR. Lim sold the hospital Tawaka to SIME behad .The worker form Tawaka protest to have more benefit due to the change of shareholder . the point is whether a not the change in company share holder will cause the change in company structure?
In case of Sime behad with worker from Tawaka hospital . It's similar to the case of " abdul aziz bin Atan v ladang rengo malay eastate SDN. BHD. According to the company act 1965, incorporated company is legal separate entity from his shareholder and employee . The change of company shareholder will not cause in company structure . So Tawaka worker have no right to claim for more benefit from the new shareholder .
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PaTriCKliM
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Mr David and Mr CK are best friends . In year 2006 there start up the fruit import business . The business is going well when the get a contract to supply fruit to tesco . Without the knowledge of CK, Mr David try to make some secret profit by allocated some share in stock market using the capital of company . Unfortunately crisis happen in year 2007 and Mr David loss all the share . At the same time company need capital turnover . Mr ck know the later when the debtor come to him .In this case whether a not Mr. Ck liable for the debt and loss cause by the Mr.David ? what are the legal action can Mr.CK take against him ?
The case above same with the case" salomon V salomon ".According to the company act 1965, company are separate legal entity that separate and distinct from its members and shareholder. In this case , Mr ck are not liable for the lose cause by Mr.David . Mr CK can bring the case to the court and apply injunction against Mr.David to freeze all asset belong to him .
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PaTriCKliM
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Memorandum and Articles of association are primary legal document of a company ,by which company will conduct daily business , however this the content which of which must not infringe or over-ride any of the previous and requirement of the company act 1965 .
The contents of the Memorandum and Articles include :
- The name of the company (which must end with the words “Sendirian Berhad” if it is a private company, or just “Berhad” if it is a public company);
- The situation of the company’s registered office;
- The objects of the company, i.e the nature of business intended to be carried out;
- That the liability of the members is limited
- The nominal amount of the authorized share capital with which it is proposed to register the company and the division of such capital into shares of a fixed amount; and
- The association clauses
Both Memorandum and Articles of association have to be filed to the suruhanjaya syrikat malaysia at the time of incorporation or there is any change thereafter. The “Memorandum of Association” must be signed by at least two subscribers; duly dated. The signature of each subscriber must be witnessed by a third person. Each of the subscribers must undertake to subscribe for one or more shares of the company.
