Trademarks Act 2019 With Overview by Indran Shanmuganathan

Contracts and agreements are foundational to all spheres of society. The law has developed over the years to regulate and provide certainty in contractual transactions. In Malaysia, the principal applicable statute � the Contracts Act 1950 � has largely remained as it was originally enacted with only some minor amendments. However, a significant body of case law exists which has applied and interpreted the statutory provisions to develop Malaysian contract law.

This book provides a comprehensive exposition of contract law through the lens of the Contracts Act 1950. This new edition captures the major developments in the law over the last 15 years since the publication of its first edition. During that period, Malaysian contract law has grown exponentially, particularly in recent years when the appellate courts have had the opportunity to consider and apply international developments emanating from the English courts and the courts of other Commonwealth jurisdictions.

In response to the growth of the corpus of contract law, this new edition has expanded the coverage and scope of each chapter. New parts have been introduced and existing chapters have been revised. The copious number of cases from 2010 onward have been updated and related articles have been inserted in the relevant topics. Significant decisions of the Federal Court are discussed to provide clarity on the present position of Malaysian contract law.

This new edition will provide a contemporary contract law text which is accessible to practitioners, legal and judicial officers, academics, and students.

Key Features:

• Gives a full understanding of contract law from its foundations in English law to the latest developments in the Malaysian Contracts Act 1950.
• Presents the law through a unique overarching structure of general concepts, concrete effects, and available remedies across all topics.
• Covers the complete "life cycle" of contract law: formation, terms, voidable contracts, void agreements, discharge of contracts, and remedies.
• Updates case law developments from the Malaysian courts and the courts of Commonwealth jurisdictions, in particular the United Kingdom and Australia.
• Suitable for legal professionals seeking the latest developments and law students studying contract law.

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from "must" to "shall" in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from "must" to "shall" in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.