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Unilateral Release Of Claims

Unilateral Release Of Claims Template for Malaysia

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Key Requirements PROMPT example:

Unilateral Release Of Claims

"I need a Unilateral Release of Claims agreement under Malaysian law for my technology company to release all potential claims against a former software contractor relating to intellectual property developed during their engagement from January 2025 to March 2025."

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Document background
The Unilateral Release of Claims is a critical legal instrument used in Malaysian business and personal contexts to formally resolve potential or existing disputes. It is commonly employed following settlements, business transactions, employment terminations, or other situations where one party wishes to waive their rights to pursue claims against another. The document must comply with Malaysian legal requirements, particularly the Contracts Act 1950 and relevant case law, and should clearly specify the scope of claims being released, any consideration provided, and necessary acknowledgments. This type of release is distinct from mutual releases as it involves only one party relinquishing their rights to claims, making it particularly useful in scenarios where a clean break is desired and only one party holds potential claims against the other.
Suggested Sections

1. Parties: Identifies the Releasing Party and the Released Party, including full legal names and addresses

2. Background: Describes the context of the potential claims and the relationship between the parties

3. Definitions: Defines key terms used in the agreement, including 'Claims', 'Released Matters', and any specific terms relevant to the situation

4. Release: The core provision where the Releasing Party releases and forever discharges the Released Party from the specified claims

5. Scope of Release: Detailed description of what claims are covered by the release, including temporal scope

6. Acknowledgments: Releasing Party's acknowledgments about understanding the agreement and having the opportunity to seek legal advice

7. No Admission of Liability: Statement that the release does not constitute an admission of liability by any party

8. Governing Law: Specifies that Malaysian law governs the agreement

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Required if there is payment or other consideration for the release

2. Confidentiality: Include when parties wish to keep the existence or terms of the release confidential

3. Non-Disparagement: Include when parties wish to prevent negative statements about each other

4. Future Claims: Include specific provisions about claims that may arise in the future

5. Covenant Not to Sue: Additional protection preventing the Releasing Party from initiating legal proceedings

6. Severability: Include when parties want to ensure remainder of agreement survives if any part is found invalid

7. Entire Agreement: Include when this document is intended to supersede all prior agreements regarding the released matters

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims being released, if applicable

2. Schedule of Consideration: Details of any payment or other consideration, if applicable

3. Schedule of Related Agreements: List of any related agreements that may be affected by or relevant to the release

4. Schedule of Excluded Claims: List of any specific claims that are not included in the release, if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Manufacturing

Real Estate

Construction

Technology

Healthcare

Professional Services

Retail

Education

Transportation

Energy

Telecommunications

Insurance

Agriculture

Mining

Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Executive Leadership

Finance

Operations

Corporate Affairs

Business Development

Project Management

Relevant Roles

Legal Counsel

Human Resources Director

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Operations Manager

Contract Manager

Business Development Director

Project Manager

Settlement Officer

Claims Manager

Corporate Secretary

General Manager

Board Director

Industries
Contracts Act 1950: The primary legislation governing contract formation, validity, and enforcement in Malaysia. Essential for ensuring the release agreement meets basic contractual requirements.
Limitation Act 1953: Sets out the time limits within which various types of claims must be brought. Important for understanding which claims can be effectively released.
Civil Law Act 1956: Provides the framework for civil claims and remedies in Malaysia, relevant for understanding the scope of claims that can be released.
Specific Relief Act 1950: Governs the enforcement of contracts and available remedies, crucial for understanding how the release agreement can be enforced.
Evidence Act 1950: Relevant for understanding the requirements for proving the existence and terms of the release agreement if disputed.
Employment Act 1955: If the release involves employment-related claims, this Act is crucial for understanding which employment rights can and cannot be waived.
Stamp Act 1949: Governs the stamping requirements for legal documents in Malaysia, which may be necessary for the release agreement to be admissible in court.
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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