The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws

One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would gr...

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Main Author: Noor Inayah Yaakub,
Format: Article
Published: Fakulti Undang - Undang 2005
Online Access:http://journalarticle.ukm.my/1672/
http://ejournal.ukm.my/juum
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spelling my-ukm.journal.16722019-05-14T04:43:57Z http://journalarticle.ukm.my/1672/ The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws Noor Inayah Yaakub, One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would grant relief to a claimant not on the sole ground of undue influence but also on the proof of unconscionability. The main aim of this paper is to explain what is the actual basis in Malaysia for setting aside a bank-lending transaction entered into by undue influence Fakulti Undang - Undang 2005 Article PeerReviewed Noor Inayah Yaakub, (2005) The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws. Jurnal Undang-undang, 9 . ISSN 1394-7729 http://ejournal.ukm.my/juum
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
description One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would grant relief to a claimant not on the sole ground of undue influence but also on the proof of unconscionability. The main aim of this paper is to explain what is the actual basis in Malaysia for setting aside a bank-lending transaction entered into by undue influence
format Article
author Noor Inayah Yaakub,
spellingShingle Noor Inayah Yaakub,
The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
author_facet Noor Inayah Yaakub,
author_sort Noor Inayah Yaakub,
title The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_short The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_full The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_fullStr The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_full_unstemmed The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_sort basis for setting aside a three-party bank-lending transaction entered into by ‘undue influence’ under section 16 of the malaysia contracts act 1950: a grey area of laws
publisher Fakulti Undang - Undang
publishDate 2005
url http://journalarticle.ukm.my/1672/
http://ejournal.ukm.my/juum
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score 13.211869