April 2006

Kevin, a supplier of books, contracted to supply 100 copies of law books

entitled Malaysian Legal System at a special price to Ritz, the owner of a
bookshop. However, Kevin failed to supply books on the promised date. Ritz is
contemplating to take a legal action against Kevin for breach of contract.
Advice Ritz on the preliminary matters that he has to consider in commencing legal
action.
Answer:

Cause of Action is a set of facts or allegations that make up the grounds for
filing a lawsuit
and entitles a person to sue.
There is a breach of contract occurred where Kevin failed to supply books on
the promised date.

Locus Standi is interest in the matter where it is related to the ability of a

party to demonstrate to the court sufficient connection to and harm from the
law or action challenged.
Ritz has a local standi to sue Kevin as he failed to supply books on the
promised date.

Parties to the suit may consist of individual as plaintiff or defendant,

company, society, partnership and more.
In this case, Ritz as an individual may begin and start commencing a legal
action and represented by a solicitor and Ritz will be named as a plaintiff.
While Kevin will be named as a defendant as an individual and he can be
sued under his own name.

Limitation period is a period of time where a plaintiff must ensure that the
Cause Of Action is complete before commencing a legal action and limitation
period must be pleaded. Plaintiff should file his/her legal action within
stipulated time otherwise it will be time-barred.
Based on this case, the action found under the tort of negligence. The
relevant statute can be found is under S6(1) of the Limitation Act 1953 which
provides the action founded in tort shall not be brought after the expiration of
6 years from the date of breach of contract.

Remedies
Nominal damage can be awarded to Ritz as he had proved there is a breach
but there was no actual loss and damage.
Ritz can take a legal action because Kevin failed to supply books on the
promised date.

As a conclusion, Ritz has a right to sue Kevin as he he had completed the cause of
action, a locus standi and he took and action within the stipulated time and it isnt
time barred yet and the court can award him nominal damage.