Papers by sumithra33 woodhull
This article has been prepared to consider and ponder upon scenarios which could possibly tantamo... more This article has been prepared to consider and ponder upon scenarios which could possibly tantamount to constructive dismissal. These are common occurrences in the Malaysian workforce and warrant consideration in the interest of justice and fairness to those employees who have been victimized by such conduct. It also serves as information for consideration by the Malaysian Department of Labour when revising existing labour laws. This article is also aimed to provide greater depth and understanding of this subject matter in order to safeguard against legal repercussions.
An account of the manner in which money laundering is facilitated by deliberate gaps in strata le... more An account of the manner in which money laundering is facilitated by deliberate gaps in strata legislation, propelled by the 'criminal style' management by the Management Corporation / Management Committee members / Property Managers and finally aided and abetted by 'Kangaroo Court' antics when such matters are presented before the strata tribunal in Malaysia-an insidious network operated by the 'local mafia' in collective consort with Property Developers in the backdrop)
The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.
The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.
Social Science Research Network, Apr 7, 2018
A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this ... more A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this matter of some degree of uncertainty / contention. It should be borne in mind at the outset that the position of the Parties is not always 'cut and dry' and that it is incumbent that the scenarios that are present and the material circumstances at any point of time should be weighed against and assessed in light of all tenable and ascertainable factors. The matter addressed here is with regards to a scenario where a potential employee has signed the contract of employment but who later rejects the offer perhaps for another offer accepted prior to the date of commencement of work. The issue is whether the prospective employer may institute legal action for breach of contract.
THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYS... more THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYSIAN LAWS
This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitatio... more This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitation Clauses’ from a Malaysian perspective.
SSRN Electronic Journal, 2015
The following task is a detailed legal analysis/scrutiny on the issue of the passing of title &am... more The following task is a detailed legal analysis/scrutiny on the issue of the passing of title & risk in goods in Frame-Distributorship type of Agreements specifically those of the feature of multi-partite contracts involving the re-sale of products/equipment.
SSRN Electronic Journal, 2014
As a matter of introduction, the topic for discussion is seen to entail specific discussion in th... more As a matter of introduction, the topic for discussion is seen to entail specific discussion in the form of an introduction to Article 2 of the Uniform Commercial Code (hereinafter referred to as U.C.C.) and subsequently followed with a comparison of the stated Article 2 of U.C.C. with the Articles under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as CISG). In view of the same, the following discussion shall proceed on this basis in a systematic and orderly method so as to identify and discuss all relevant and pertinent issues. As a necessary introduction to the creation of the U.C.C., it would seem that some discussion of the history of the Code would be in order. A half century ago in the United States, it became clear that modern commercial practices required a modern commercial law. Thus, in the early 1950s, The American Law Institute, in a joint project with the National Conference of Commissioners on Uniform State Laws, drafted the first version of the Uniform Commercial Code. Considered to be one of the most comprehensive legislative measures in the history of US commerce, the U.C.C. has been adopted by every state except Louisiana. It is a unified, comprehensive set of laws that encompass all domestic business transactions, from the time raw materials are purchased until finished merchandise is sold to the consumer. 1 What is Article 2 of the U.C.C. about? In essence, Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article 2 only covers the sale of goods wherein goods includes all items that can be both identifiable and moveable at the time of the sale. It is important to note that Article 2 does not cover transactions involving service contracts. In addition, the sale of real estate is not covered by Article 2 but rather Article 9 of the U.C.C.. To cite some examples to illustrate the ambit of coverage of Article 2, the sale of an automobile or a computer would be covered by Article 2. However, the sale of insurance or a membership in a health club or a contract between you and a painter to paint your house would not be covered. The sale of your house would also not be covered. A house is certainly a 'Good' however, the sale of a house involves the sale of land. Under the U.C.C., any transaction involving the transfer of land is covered by Article 9 of the Code. 2 Article 2 of the U.
SSRN Electronic Journal, 2015
The purpose of this document is to act as a pointer/guide in relation to drafting of an Integrati... more The purpose of this document is to act as a pointer/guide in relation to drafting of an Integration/Interoperability Test Agreement (hereinafter referred to as IOT Agreement) of a general nature. Based upon the nature of each distinct type of Agreement, certain clauses would be imperative to be included. As a result of the predominantly technical nature of each type of Agreement, it would be advisable to seek opinions from technical personnel based upon the requirements and nature of a specific Project for which the Agreement is entered into so that all material technical matters are incorporated within the same.
SSRN Electronic Journal, 2015
This written material consists of legal advice and information specifically on the matter of the ... more This written material consists of legal advice and information specifically on the matter of the structuring of agreements in collaborative projects (where several parties are involved in various contributory capacities) for the purpose of arranging financing to ensure legality and compliance with the governing and applicable Malaysian laws and principles in force at the material time.
SSRN Electronic Journal, 2015
This piece of written work presents an exploratory overview in a simple and easily comprehensible... more This piece of written work presents an exploratory overview in a simple and easily comprehensible manner of the gist of legal aspects of English land law. The objective is to aid the learning process of students so that an overall and interconnected view begins to develop linking the various aspects of land law for a comprehensive understanding of the same.
SSRN Electronic Journal, 2014
With regards to the overall scope and issues explained, the following are the matters which are c... more With regards to the overall scope and issues explained, the following are the matters which are concerned:a) The issues which have been researched are:i) The areas of the law concerning international trade and transactions where conflict of laws is apparent. The areas of focus are predominantly the laws of the WTO, the laws of the CISG, intellectual property laws as well as the laws governing international commercial arbitration and from the Malaysian context, the areas researched are conflict of laws in relation to bills of lading, conflict of laws from the perspective of intellectual property laws and the impact of the Competition Act 2010 and the conflict of laws in relation to the Arbitration Act 2005;ii) The manner in which these conflicts arise;iii) Whether these conflicts are capable of resolution and if not, the manner of dealing with these conflicts of laws issues.b) The main findings which have emerged are:i) For the most part in most of the areas of law which have formed the subject of analysis of the conflicts of laws debate in this thesis, the matter of the conflict of laws is apparent for the fact of the nature of the disputes which have appeared before adjudicating bodies which are of an international nature concerning cross border disputes;ii) In certain scenarios, the distinct laws of separate legal instruments, legal jurisdictions etc. contain methods by which the process of adjudication is able to bypass addressing the matter of conflict of laws by adopting an alternative manner of adjudication wherein this method is inherent within the applicable laws;iii) There are many aides available in the form of internationally accepted rules and principles as well as established doctrines to guide in the process of determining the applicable laws where a situation of conflict of laws has arisen;iv) The difficult and perpetual debate which confronts adjudicators is the determination of the proper laws of the contract. The establishment of this lies at the heart of the conflicts of laws debate;v) An issue of some degree of sensitivity whenever a situation concerning the conflicts of laws arises is to fairly and on the basis of merit uphold the autonomy of the laws of a certain jurisdiction in prevalence over another;vi) The cultural differences between different legal systems dictate that it would be challenging to formulate a uniform set of laws which can be internationally accepted by all jurisdictions governing all areas of the law concerning international trade and transactions;vii) The individual biases and prejudices of the adjudicators themselves can greatly influence the verdict in matters concerning the conflict of laws.c) The practical implications or recommendations and for whom:i) The fact that conflict of laws will increasingly become a feature of international trade and transactions with regards to the adjudication process with regards to the settlement of disputes of a cross border nature is inevitable;ii) In time, more sophisticated methods of adjudication as well as doctrines and approaches would likely evolve to tackle the issue of the conflict of laws which it is envisaged will become increasingly complex corresponding with the significance and volume of international trade and transactions in a more modern world;iii) It is incumbent that adjudicators are aware of these practical implications as the task of adjudication falls upon them;iv) It is also imperative that parties entering into international contracts are fully aware at the time of entering into those contracts, the fact that in the event of a dispute, the matter of conflict of laws may be engaged towards the resolution of the dispute.
SSRN Electronic Journal, 2015
SSRN Electronic Journal
This article is written to serve as a guide in matters pertaining to the legal position of compli... more This article is written to serve as a guide in matters pertaining to the legal position of compliance of Commonwealth legal jurisdictions with UK laws such as the UK Criminal Finance Act 2017. It should be noted that the positions may vary in relation to the application of foreign law in relation to Singapore & Malaysia respectively.
SSRN Electronic Journal
The author of this article looks into some concerns pertaining to the impact of money laundering ... more The author of this article looks into some concerns pertaining to the impact of money laundering legislation on e-Money Issuers in light of some recent furore in Malaysia wherein MACC had filed applications against 41 parties to recover RM270 million of 1MDB money. Research has subsequently been done to review and analyze the current law pertaining to this matter using the internet as a point of resource. The following legal opinion is put forward premised upon the said research. The author of this article has resourced reference material on this subject from searches over the internet.
SSRN Electronic Journal
In this article, the author analyzes and explores the concept of legal indemnity in contracts gov... more In this article, the author analyzes and explores the concept of legal indemnity in contracts governed by the laws of Malaysia. This analysis is rendered premised upon research undertaken into assessment of the matter.
SSRN Electronic Journal
In this article, the author looks into risk management aspects in the fintech industry in Malaysi... more In this article, the author looks into risk management aspects in the fintech industry in Malaysia in relation to the following matters: 1) Signing & Execution of Legal Agreements via Digital Signature; 2) Is There Any Option To Allow a ‘Pre-Approved Lower Credit Limit’ to Merchants? 3) Does Signing On ‘Onboarding Application Forms’ with Attached Links Suffice to Constitute A Legally Binding Contractual Relationship Between The Contracting Parties? The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same.
SSRN Electronic Journal
The primary issues raised in this article are with regards to the potential corporate liabilities... more The primary issues raised in this article are with regards to the potential corporate liabilities faced by corporate entities formed pursuant to the laws of Malaysia when entering into e-Contracts with their Customers/Merchants. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of corporate entities about the potential corporate liability that the Board of Directors, Senior Management as well as the employees of corporate entities may be exposed to.
SSRN Electronic Journal
The primary issues raised in this article are with regards to the legal viability of e-Contracts.... more The primary issues raised in this article are with regards to the legal viability of e-Contracts. The author looks into the legal risks associated with Company XXXX’s suggested e-Contract model, a departure from the conventional physical contract wherein the latter entails many signatures to be tendered upon a sequence of documents that many Merchants regard to be cumbersome and time-consuming. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of Company XXXX about the legal risks faced in proceeding with its proposed e-Contract model with regards to its business with Merchants.
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Papers by sumithra33 woodhull
1) Signing & Execution of Legal Agreements via Digital Signature;
2) Is There Any Option To Allow a ‘Pre-Approved Lower Credit Limit’ to Merchants?
3) Does Signing On ‘Onboarding Application Forms’ with Attached Links Suffice to Constitute A Legally Binding Contractual Relationship Between The Contracting Parties?
The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same.