Counter Demand Letter for Malaysia

Counter Demand Letter Template for Malaysia

A Counter Demand Letter is a formal legal document used in Malaysian jurisdiction as a response to an initial demand letter, presenting a formal rebuttal and/or counter-claims against the original demanding party. This document combines elements of Malaysian contract law, civil procedure, and dispute resolution practices, serving as a crucial communication tool in the pre-litigation phase. It outlines rejected claims, presents counter-demands, and establishes a legal position while potentially offering pathways for dispute resolution under Malaysian law.

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What is a Counter Demand Letter?

A Counter Demand Letter is an essential legal instrument within the Malaysian legal framework, typically employed when receiving an initial demand letter that warrants a formal response with counter-claims. This document is crucial in commercial, civil, and contractual disputes where the receiving party not only disputes the original demands but also has valid claims against the demanding party. The Counter Demand Letter must comply with Malaysian legal requirements and typically includes reference to relevant legislation such as the Contracts Act 1950 and the Limitation Act 1953. It serves as a formal record of dispute, potentially becoming critical evidence in subsequent legal proceedings, and often forms part of the pre-litigation documentation. The document should be carefully drafted to ensure all counter-claims are properly presented while maintaining professional tone and legal validity under Malaysian law.

What sections should be included in a Counter Demand Letter?

1. Recipient Details and Date: Full name, address, and contact information of the recipient and the date of the letter

2. Reference to Original Demand: Clear reference to the original demand letter including its date and key demands

3. Facts and Background: Concise statement of relevant facts and background information that forms the basis of the counter-demand

4. Rejection of Original Demands: Clear statement rejecting the original demands with supporting reasons

5. Counter Demands: Clear presentation of your counter demands including specific amounts or actions required

6. Legal Basis: Reference to relevant laws or contractual provisions supporting your position

7. Timeline for Response: Specific deadline for the recipient to respond to the counter demands

8. Consequences of Non-Compliance: Clear statement of intended legal action if demands are not met

What sections are optional to include in a Counter Demand Letter?

1. Without Prejudice Statement: Include when the letter is part of settlement negotiations and should not be used in court proceedings

2. Reservation of Rights: Include when you want to explicitly reserve the right to make additional claims or take additional legal action

3. Settlement Proposal: Include when offering specific terms for settling the dispute

4. Professional Credentials: Include when the letter is sent by a law firm or legal representative

5. Carbon Copy Recipients: Include when copies are being sent to other relevant parties

What schedules should be included in a Counter Demand Letter?

1. Evidence Documents: Copies of relevant contracts, correspondence, or other documents supporting your position

2. Financial Records: Relevant invoices, receipts, or financial statements supporting the counter demands

3. Chronology of Events: Detailed timeline of relevant events if the case history is complex

4. Photographic Evidence: If applicable to the dispute, photographs or visual evidence supporting your position

5. Expert Reports: If relevant, reports from experts supporting your position

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Legal Services

Banking and Finance

Real Estate

Construction

Manufacturing

Retail

Professional Services

Healthcare

Technology

Transportation and Logistics

Education

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Executive Leadership

Operations

Finance

Administrative

Business Development

Contracts Administration

Relevant Roles

Legal Counsel

Corporate Secretary

Chief Legal Officer

Managing Director

Chief Executive Officer

Risk Manager

Compliance Officer

Contract Manager

Business Development Manager

Operations Director

Chief Financial Officer

Claims Manager

Company Director

Legal Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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