THE QUINCECARE DUTY OF CARE
The Banks’ duties are generally limited to those provided under the terms of their contract which includes the Bank’s obligation to repay and disburse the customer’s money in
LIMITATION PERIOD FOR FORECLOSURE CHARGE ACTION
The Federal Court in a very recent case of Thameez Nisha Hasseem v Maybank Allied Bank Berhad [Civil Appeal No.02(f)-73-09/2019(P)] decided, inter alia, that:- (a) The 12 year limi
DOCTRINE OF SUBROGATION
Connecting the Dots in Financial and Legal Subrogation Subrogation literally means ‘substitution’. In English law, the term subrogation denotes a process by which one party is
DOES A JUDICIAL SALE PURSUANT TO THE NATIONAL LAND CODE GIVE RISE TO A CONTRACT BETWEEN THE CHARGEE BANK AND THE SUCCESSFUL BIDDER TO CONSTITUTE A CAUSE OF ACTION?
Such a question would arise where there is a contractual dispute between a chargee bank and the successful bidder regarding a judicial sale under the National Land Code (“NLC”)
DISTRIBUTION OF PROCEEDS OF SALE (FORECLOSURE CHARGE ACTION)
The following scenario may not be common but it occurs occasionally and it presents a potential problem to the rights of a prior chargee bank:- Borrower has two accounts (accoun
CONTRIBUTORY NEGLIGENCE IN A STRICT CONTRACTUAL CLAIM
Contributory negligence was defined by Lord Justice Denning in the case of Jones v. Livox Quarries Ltd (1952) 2 QB 608.615, which was relied on in the case of Santhanaletchumy A/P