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Settlement Offer Letter for Malaysia

Settlement Offer Letter Template for Malaysia

A Settlement Offer Letter under Malaysian law is a formal written communication proposing terms to resolve a dispute between parties. This document, governed by Malaysian contract law principles, particularly the Contracts Act 1950, presents a clear and detailed offer to settle existing claims or disputes. It outlines specific settlement terms, including monetary compensation, payment arrangements, and conditions for acceptance. The document serves as a crucial tool in dispute resolution, potentially avoiding lengthy court proceedings while providing a clear record of the settlement proposal and its terms.

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What is a Settlement Offer Letter?

The Settlement Offer Letter is a critical document in Malaysian dispute resolution practice, used when one party wishes to propose a formal resolution to a conflict or claim. This document type is particularly relevant in both commercial and civil disputes under Malaysian jurisdiction, where it serves as an official record of settlement terms offered. The letter typically includes specific settlement amounts, payment terms, conditions for acceptance, and release clauses. A Settlement Offer Letter must comply with Malaysian legal requirements, particularly the Contracts Act 1950 and relevant civil procedure rules. It's commonly used in pre-litigation settlement attempts, during mediation processes, or even during ongoing legal proceedings as a means to achieve an out-of-court resolution. The document's proper drafting is crucial as it can have significant legal implications and, if accepted, forms a binding agreement between the parties.

What sections should be included in a Settlement Offer Letter?

1. Letterhead and Date: Company/individual's details, address, and current date

2. Recipient Details: Full name, title, and address of the recipient

3. Reference Line: Subject matter or dispute reference number

4. Dispute Identification: Clear identification of the dispute or claim being addressed

5. Settlement Amount: Specific amount being offered as settlement

6. Settlement Terms: Key terms and conditions of the settlement offer

7. Payment Terms: Details of how and when payment will be made

8. Release Clause: Statement regarding release of claims upon acceptance

9. Acceptance Period: Deadline for accepting the offer

10. Closing and Signature: Professional closing, name and signature of authorized person

What sections are optional to include in a Settlement Offer Letter?

1. Without Prejudice Statement: Include when the letter should not be used as evidence in court proceedings

2. Confidentiality Clause: Add when settlement terms should remain confidential

3. Tax Implications: Include when settlement amount has significant tax considerations

4. Partial Payment Terms: Add when offering installment payments or payment plan

5. Non-admission of Liability: Include when explicitly stating that the offer doesn't constitute admission of liability

What schedules should be included in a Settlement Offer Letter?

1. Payment Schedule: Detailed breakdown of payment installments and dates, if applicable

2. Itemized Claims: Detailed list of claims being settled

3. Supporting Documents: List of relevant documents supporting the settlement calculation

4. Release Form: Template of the release form to be signed upon acceptance

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

Offer Letter

Cost

Free to use
Relevant legal definitions

















Clauses















Relevant Industries

Legal Services

Financial Services

Insurance

Construction

Manufacturing

Retail

Healthcare

Real Estate

Professional Services

Transportation

Technology

Education

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Finance

Corporate Affairs

Dispute Resolution

Insurance

Corporate Secretariat

Executive Management

Operations

Relevant Roles

Legal Counsel

Corporate Lawyer

Litigation Manager

Claims Manager

Risk Manager

Compliance Officer

Chief Legal Officer

Settlement Officer

Dispute Resolution Specialist

General Counsel

Legal Director

Company Secretary

Chief Financial Officer

Insurance Claims Handler

Mediation Coordinator

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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