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Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses

The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizatio...

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Main Author: Shamsuddin, Azura
Format: Thesis
Language:English
English
Published: 2010
Online Access:http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf
http://psasir.upm.edu.my/id/eprint/19476/
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spelling my.upm.eprints.194762013-03-21T07:15:55Z http://psasir.upm.edu.my/id/eprint/19476/ Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses Shamsuddin, Azura The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizations’ goals, visions and missions would provide the relevant signals that could highlight potential legal issues before they become legal problems. This would enable the organizations to effectively handle legal disputes that may arise in the course of doing business in line with the law. Further, in doing so, the organizations would also be able to attain their core business objectives while minimising risks and creating value at the same time. This thesis therefore, seeks to investigate the operations and effects of contract law, theories and practises with respect to the most frequently negotiated contract terms and how they relate to the contract management strategy of Malaysian business organizations as the social institutions. As there is no existing empirical evidence on the most frequently negotiated contract terms that is representative of Malaysian businesses prior to this thesis, a survey questionnaire was conducted to establish such a profile. The quantitative method used is however, limited to descriptive statistics only as it is not the purpose of this research to find any mathematical answers but rather for the purpose of making generalisation to a population from a sample with respect to the most frequently negotiated contract terms. From the findings of the survey, the top two most frequently negotiated contracts terms i.e. liquidated damages and limitation of liability provisions were selected to be further researched. This involves the analysis of liquidated damages and limitation of liability provisions from both the legal and theoretical perspectives. Thereafter, having due regards to the legal and theoretical positions with respect to liquidated damages and limitation of liability provisions as they stand today, this thesis then analysed the mechanisms on how organizations could better manage these two provisions in particular and the contract in general, from a contract management perspective. Finally,as the coup de grace, this thesis concludes with a few recommendations for legal and management reforms pertaining to the two provisions as well as possible future research that can be taken in the research area. 2010 Thesis NonPeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf Shamsuddin, Azura (2010) Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses. PhD thesis, Universiti Putra Malaysia. English
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/
language English
English
description The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizations’ goals, visions and missions would provide the relevant signals that could highlight potential legal issues before they become legal problems. This would enable the organizations to effectively handle legal disputes that may arise in the course of doing business in line with the law. Further, in doing so, the organizations would also be able to attain their core business objectives while minimising risks and creating value at the same time. This thesis therefore, seeks to investigate the operations and effects of contract law, theories and practises with respect to the most frequently negotiated contract terms and how they relate to the contract management strategy of Malaysian business organizations as the social institutions. As there is no existing empirical evidence on the most frequently negotiated contract terms that is representative of Malaysian businesses prior to this thesis, a survey questionnaire was conducted to establish such a profile. The quantitative method used is however, limited to descriptive statistics only as it is not the purpose of this research to find any mathematical answers but rather for the purpose of making generalisation to a population from a sample with respect to the most frequently negotiated contract terms. From the findings of the survey, the top two most frequently negotiated contracts terms i.e. liquidated damages and limitation of liability provisions were selected to be further researched. This involves the analysis of liquidated damages and limitation of liability provisions from both the legal and theoretical perspectives. Thereafter, having due regards to the legal and theoretical positions with respect to liquidated damages and limitation of liability provisions as they stand today, this thesis then analysed the mechanisms on how organizations could better manage these two provisions in particular and the contract in general, from a contract management perspective. Finally,as the coup de grace, this thesis concludes with a few recommendations for legal and management reforms pertaining to the two provisions as well as possible future research that can be taken in the research area.
format Thesis
author Shamsuddin, Azura
spellingShingle Shamsuddin, Azura
Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
author_facet Shamsuddin, Azura
author_sort Shamsuddin, Azura
title Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_short Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_full Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_fullStr Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_full_unstemmed Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_sort legal and contract management analysis of the most frequently negotiated contact terms among malaysian businesses
publishDate 2010
url http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf
http://psasir.upm.edu.my/id/eprint/19476/
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score 13.211869

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