Staff View: A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]

A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]

Malaysia has been a successful developing country and is forging ahead to become a developed nation in its own mold. In order to be more successful, the internal development must progressively expand to be at par with international standing. Hence, it is vital for Malaysia to have an effective law g...

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Main Authors:	Abdul Kadir, Akmyr Ahmad Azwan, Ramli, Aimi Nashirah, Mohd Adnan, Nur Afiqah Husna, Joudi, Fifiyani
Format:	Student Project
Language:	English
Published:	2014
Subjects:	Construction contracts
Online Access:	http://ir.uitm.edu.my/id/eprint/31548/1/31548.pdf http://ir.uitm.edu.my/id/eprint/31548/
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id	my.uitm.ir.31548
record_format	eprints
spelling	my.uitm.ir.315482020-06-24T07:15:54Z http://ir.uitm.edu.my/id/eprint/31548/ A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.] Abdul Kadir, Akmyr Ahmad Azwan Ramli, Aimi Nashirah Mohd Adnan, Nur Afiqah Husna Joudi, Fifiyani Construction contracts Malaysia has been a successful developing country and is forging ahead to become a developed nation in its own mold. In order to be more successful, the internal development must progressively expand to be at par with international standing. Hence, it is vital for Malaysia to have an effective law governing the contractual relationship specifically in construction and employment fields. A major challenge it has to address in this endeavor is the uncertainties with regard to the application of liquidated damages pursuant to Section 75 of Contracts Act 1950. Basically, this research aims to identify whether actual loss needs to be proven before an aggrieved party can effectuate the provisional clause as laid in the contract. These aims is achieved by an adaptation of doctrinal and empirical research methodologies whereby all primary and secondary sources including legal books, journals, articles, cases, and also interviews with learned practical respondents from various legal fields. To impart thorough discussions and resolutions for this research, the application of liquidated damages in three different countries i.e., India, Singapore and Australia, are also reviewed. The outcome of this research shows that there is indeed a need for Section 75 to be amended or at the very least, the initial contractual terms itself should be re-evaluate so as to promote certainty. Thus, this research finding will indubitably regain the confidence of contracting parties dealing with liquidated damages and also will reduce the possibly of conflicts for the courts to resolved. 2014-12 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/31548/1/31548.pdf Abdul Kadir, Akmyr Ahmad Azwan and Ramli, Aimi Nashirah and Mohd Adnan, Nur Afiqah Husna and Joudi, Fifiyani (2014) A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]. [Student Project] (Unpublished)
institution	Universiti Teknologi Mara
building	Tun Abdul Razak Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Mara
content_source	UiTM Institutional Repository
url_provider	http://ir.uitm.edu.my/
language	English
topic	Construction contracts
spellingShingle	Construction contracts Abdul Kadir, Akmyr Ahmad Azwan Ramli, Aimi Nashirah Mohd Adnan, Nur Afiqah Husna Joudi, Fifiyani A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
description	Malaysia has been a successful developing country and is forging ahead to become a developed nation in its own mold. In order to be more successful, the internal development must progressively expand to be at par with international standing. Hence, it is vital for Malaysia to have an effective law governing the contractual relationship specifically in construction and employment fields. A major challenge it has to address in this endeavor is the uncertainties with regard to the application of liquidated damages pursuant to Section 75 of Contracts Act 1950. Basically, this research aims to identify whether actual loss needs to be proven before an aggrieved party can effectuate the provisional clause as laid in the contract. These aims is achieved by an adaptation of doctrinal and empirical research methodologies whereby all primary and secondary sources including legal books, journals, articles, cases, and also interviews with learned practical respondents from various legal fields. To impart thorough discussions and resolutions for this research, the application of liquidated damages in three different countries i.e., India, Singapore and Australia, are also reviewed. The outcome of this research shows that there is indeed a need for Section 75 to be amended or at the very least, the initial contractual terms itself should be re-evaluate so as to promote certainty. Thus, this research finding will indubitably regain the confidence of contracting parties dealing with liquidated damages and also will reduce the possibly of conflicts for the courts to resolved.
format	Student Project
author	Abdul Kadir, Akmyr Ahmad Azwan Ramli, Aimi Nashirah Mohd Adnan, Nur Afiqah Husna Joudi, Fifiyani
author_facet	Abdul Kadir, Akmyr Ahmad Azwan Ramli, Aimi Nashirah Mohd Adnan, Nur Afiqah Husna Joudi, Fifiyani
author_sort	Abdul Kadir, Akmyr Ahmad Azwan
title	A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
title_short	A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
title_full	A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
title_fullStr	A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
title_full_unstemmed	A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]
title_sort	study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / akmyr ahmad azwan abdul kadir …[et al.]
publishDate	2014
url	http://ir.uitm.edu.my/id/eprint/31548/1/31548.pdf http://ir.uitm.edu.my/id/eprint/31548/
_version_	1685650803229982720
score	13.211869

A study on section 75 of contracts act 1950: essentiality of proving 'actual loss' in effectuating construction liquidated damages clause / Akmyr Ahmad Azwan Abdul Kadir …[et al.]

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