Contractual justice in Asean: a comparative view of coercion
The European legal system which provided Indonesia, Thailand and partly Philippines with much of their ground rules in contract has witnessed a new and rapidly increasing awareness of the need for justice in contract. Hence, countries sharing the same European legal tradition are well placed to emb...
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| Main Author: | |
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| Format: | Inaugural Lecture |
| Language: | English |
| Published: |
2002
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| Online Access: | http://psasir.upm.edu.my/id/eprint/1109/1/LG_173_S45_S981_no.59.pdf http://psasir.upm.edu.my/id/eprint/1109/ |
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| Summary: | The European legal system which provided Indonesia, Thailand and partly Philippines with much of their ground rules in contract has witnessed a new and rapidly increasing
awareness of the need for justice in contract. Hence, countries sharing the same European legal tradition are well placed to embark on a similar path towards contractual justice. British legal tradition, of which Malaysia is a part, places an undue and unfortunately illusory emphasis on freedom of contract. Free and voluntary consent must be looked at as a mechanism to achieve contractual justice not contractual freedom. An examination of coercion in several ASEAN jurisdictions will reveal the need for this distinction .
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