Powers of Attorney  

Powers of Attorney

ISBN 978-983-3519-26-2
Author: Nasser Hamid & Pushpa Menon
Binding: Softcover 306 pages
Publication Price: MYR 160.00
The law is stated as of September 30, 2010

The primary object of a power of attorney is to enable the attorney to act in the management of his principal's affairs. An attorney cannot, in the absence of a clear power so to do, make presents to himself or to others of his principal's property: Russell J in Reckitt v Barnett Pembroke and Slater Ltd [1929] AC 176 at p 268 (HL).

POWERS OF ATTORNEY begins with an examination of the nature of a power of attorney as an instrument that is granted by a donor to a donee or attorney. This is then followed by an examination of the statutory requirements of the Powers of Attorney Act 1949 (Act 424) in relation to the validity of such instruments. As the Act is brief, concerning itself only with certain aspects of the law relating to powers of attorney, case law is then examined to provide the principles applicable, be it, in the construction of a power of attorney, the duties of an attorney and the delegation of the powers which have been granted to an attorney or donee.

The cases provide reflect the approach of the Courts in determining the duties and liabilities of the donor and donee or attorney. Extensive research has been embarked upon to present all the relevant principles garnered from decided cases from Malaysia, United Kingdom, Australia, New Zealand, Canada, India and Singapore. Extracts from key case law are provided where necessary.

For the first time, PRECEDENTS have been included, thereby further enhancing the value of this publication.

POWERS OF ATTORNEY is divided into the following sections:

  • Introduction
  • Agency
  • Interpretation of Powers of Attorney
  • Authority of Donee or Attorney
  • Irrevocable Powers of Attorney
  • Precedents
  • Words & Phrases
  • Powers of Attorney Act 1949 (Act 424)

POWERS OF ATTORNEY is the most comprehensive publication on the subject in Malaysia.

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