Authors : Tan Pei Meng and Ong Seng Fook
Abstract: This study examines the law relating to recovery of liquidated damages in Malaysia. Judicial decisions on this area of law are assessed to determine the possible legal pitfalls faced by an aggrieved party. A legal comparison is also undertaken in relation to the different approaches taken in other countries. This study goes on to determine whether the Malaysian courts should take a different approach in determining the recovery of damages clause and whether it is possible to adopt such approach within the existing legal framework under the Malaysian Contracts Act.
Tan Pei Meng and Ong Seng Fook, 2016. Recovery of Liquidated Damages in Malaysia-Legal Pitfalls and the Way Forward. International Business Management, 10: 3509-3513.