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Revisiting the position of unfair contract terms in Malaysia

Unfair contract terms are usually found in the consumer contract. In most cases, the standard form of contract is commonly referred to as a ‘take it or leave it’ contract because the terms are drafted by the traders and the consumer is unable to discuss the terms of the contract which contains unjus...

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Main Authors: Ismail, Suzi Fadhilah, Ayob, Juhana, Che Suhaimin, Syazalia
Other Authors: Mohd, Azizah
Format: Book Chapter
Language:English
English
English
English
English
English
Published: Centre for Islamisation International Islamic University Malaysia 2024
Subjects:
BPK125.2 Harmonisation of Shari’ah and law
K Law (General)
Online Access:http://irep.iium.edu.my/116882/1/REVISITING%20THE%20POSITION%20OF%20UNFAIR%20CONTRACT.pdf
http://irep.iium.edu.my/116882/7/copyright%20page.pdf
http://irep.iium.edu.my/116882/8/cover%20page.pdf
http://irep.iium.edu.my/116882/9/preface.pdf
http://irep.iium.edu.my/116882/10/TOC.pdf
http://irep.iium.edu.my/116882/11/title%20page.pdf
http://irep.iium.edu.my/116882/
https://bit.ly/harmonisationofshariahandcivillaw
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spelling my.iium.irep.1168822024-12-27T01:49:16Z http://irep.iium.edu.my/116882/ Revisiting the position of unfair contract terms in Malaysia Ismail, Suzi Fadhilah Ayob, Juhana Che Suhaimin, Syazalia BPK125.2 Harmonisation of Shari’ah and law K Law (General) Unfair contract terms are usually found in the consumer contract. In most cases, the standard form of contract is commonly referred to as a ‘take it or leave it’ contract because the terms are drafted by the traders and the consumer is unable to discuss the terms of the contract which contains unjust terms. This paper seeks to revisit the legal framework governing unfair contract terms in Malaysia, embracing relevant rules and statutes as well as landmark cases that are concerned with unfair contract terms. The position of law relating to unfair contract terms in the United Kingdom is also examined for comparative approach as the law of contract as applied in Malaysia is essentially adopted from common law. Doctrinal analysis is employed as the method throughout the writing up. The paper analyses and highlights some weaknesses in the current legislation, in particular selected provisions of the Consumer Protection Act 1999. It finally concludes with some recommendation to improve the current legal framework of unfair contract terms in Malaysia. Centre for Islamisation International Islamic University Malaysia Mohd, Azizah Abas, Afridah Hussin, Nasimah Ibrahim, Norliah Md Hashim, Noraini Mohd Zin, Najibah Abdul Manaf, Zati Ilham Che Soh @ Yusoff, Roslina Drs Nasrul, Muhammad Amrullah 2024-12-18 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/116882/1/REVISITING%20THE%20POSITION%20OF%20UNFAIR%20CONTRACT.pdf application/pdf en http://irep.iium.edu.my/116882/7/copyright%20page.pdf application/pdf en http://irep.iium.edu.my/116882/8/cover%20page.pdf application/pdf en http://irep.iium.edu.my/116882/9/preface.pdf application/pdf en http://irep.iium.edu.my/116882/10/TOC.pdf application/pdf en http://irep.iium.edu.my/116882/11/title%20page.pdf Ismail, Suzi Fadhilah and Ayob, Juhana and Che Suhaimin, Syazalia (2024) Revisiting the position of unfair contract terms in Malaysia. In: Harmonisation of Shari’ah and Civil Law: Progress and Achievements. Centre for Islamisation International Islamic University Malaysia, Kuala Lumpur, Malaysia, pp. 356-377. https://bit.ly/harmonisationofshariahandcivillaw
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
English
English
English
English
topic BPK125.2 Harmonisation of Shari’ah and law
K Law (General)
spellingShingle BPK125.2 Harmonisation of Shari’ah and law
K Law (General)
Ismail, Suzi Fadhilah
Ayob, Juhana
Che Suhaimin, Syazalia
Revisiting the position of unfair contract terms in Malaysia
description Unfair contract terms are usually found in the consumer contract. In most cases, the standard form of contract is commonly referred to as a ‘take it or leave it’ contract because the terms are drafted by the traders and the consumer is unable to discuss the terms of the contract which contains unjust terms. This paper seeks to revisit the legal framework governing unfair contract terms in Malaysia, embracing relevant rules and statutes as well as landmark cases that are concerned with unfair contract terms. The position of law relating to unfair contract terms in the United Kingdom is also examined for comparative approach as the law of contract as applied in Malaysia is essentially adopted from common law. Doctrinal analysis is employed as the method throughout the writing up. The paper analyses and highlights some weaknesses in the current legislation, in particular selected provisions of the Consumer Protection Act 1999. It finally concludes with some recommendation to improve the current legal framework of unfair contract terms in Malaysia.
author2 Mohd, Azizah
author_facet Mohd, Azizah
Ismail, Suzi Fadhilah
Ayob, Juhana
Che Suhaimin, Syazalia
format Book Chapter
author Ismail, Suzi Fadhilah
Ayob, Juhana
Che Suhaimin, Syazalia
author_sort Ismail, Suzi Fadhilah
title Revisiting the position of unfair contract terms in Malaysia
title_short Revisiting the position of unfair contract terms in Malaysia
title_full Revisiting the position of unfair contract terms in Malaysia
title_fullStr Revisiting the position of unfair contract terms in Malaysia
title_full_unstemmed Revisiting the position of unfair contract terms in Malaysia
title_sort revisiting the position of unfair contract terms in malaysia
publisher Centre for Islamisation International Islamic University Malaysia
publishDate 2024
url http://irep.iium.edu.my/116882/1/REVISITING%20THE%20POSITION%20OF%20UNFAIR%20CONTRACT.pdf
http://irep.iium.edu.my/116882/7/copyright%20page.pdf
http://irep.iium.edu.my/116882/8/cover%20page.pdf
http://irep.iium.edu.my/116882/9/preface.pdf
http://irep.iium.edu.my/116882/10/TOC.pdf
http://irep.iium.edu.my/116882/11/title%20page.pdf
http://irep.iium.edu.my/116882/
https://bit.ly/harmonisationofshariahandcivillaw
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score 13.223943

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