Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal

The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the produc...

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Main Authors: Naimat, Nasihah, Abu Bakar, Elistina, Muhammad Arif, Afida Mastura
Format: Article
Published: Human Resource Management Academic Research Society 2022
Online Access:http://psasir.upm.edu.my/id/eprint/100654/
https://hrmars.com/index.php/IJARBSS/article/view/14671/Challenges-in-Claiming-Under-The-Doctrine-of-Privity-Contract-in-Malaysia-The-Issue-of-Halal
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spelling my.upm.eprints.1006542023-09-15T08:03:48Z http://psasir.upm.edu.my/id/eprint/100654/ Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal Naimat, Nasihah Abu Bakar, Elistina Muhammad Arif, Afida Mastura The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the product, the consumer could sue the seller based on the contract of sale between the seller and the consumer. The consumer cannot sue the manufacturer because there is no contract between the consumer and the manufacturer. This article thus addresses the question of the extent to which the doctrine of privity can give rise to liability on the part of the manufacture or the seller on the issue of halal. The findings of this study suggest that the doctrine of privity has some weaknesses that need to be addressed in order to provide better consumer protection on the issue of halal. Human Resource Management Academic Research Society 2022-08-11 Article PeerReviewed Naimat, Nasihah and Abu Bakar, Elistina and Muhammad Arif, Afida Mastura (2022) Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal. Human Resource Management Academic Research Society, 12 (8). 1031 - 1036. ISSN 2222-6990 https://hrmars.com/index.php/IJARBSS/article/view/14671/Challenges-in-Claiming-Under-The-Doctrine-of-Privity-Contract-in-Malaysia-The-Issue-of-Halal 10.6007/IJARBSS/v12-i8/14671
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
description The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the product, the consumer could sue the seller based on the contract of sale between the seller and the consumer. The consumer cannot sue the manufacturer because there is no contract between the consumer and the manufacturer. This article thus addresses the question of the extent to which the doctrine of privity can give rise to liability on the part of the manufacture or the seller on the issue of halal. The findings of this study suggest that the doctrine of privity has some weaknesses that need to be addressed in order to provide better consumer protection on the issue of halal.
format Article
author Naimat, Nasihah
Abu Bakar, Elistina
Muhammad Arif, Afida Mastura
spellingShingle Naimat, Nasihah
Abu Bakar, Elistina
Muhammad Arif, Afida Mastura
Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
author_facet Naimat, Nasihah
Abu Bakar, Elistina
Muhammad Arif, Afida Mastura
author_sort Naimat, Nasihah
title Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
title_short Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
title_full Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
title_fullStr Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
title_full_unstemmed Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
title_sort challenges in claiming under the doctrine of privity contract in malaysia: the issue of halal
publisher Human Resource Management Academic Research Society
publishDate 2022
url http://psasir.upm.edu.my/id/eprint/100654/
https://hrmars.com/index.php/IJARBSS/article/view/14671/Challenges-in-Claiming-Under-The-Doctrine-of-Privity-Contract-in-Malaysia-The-Issue-of-Halal
_version_ 1781706680120115200
score 13.211869