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Contractual justice in Asean: a comparative view of coercion

Shaik Mohd. Hussain, Shaik Md. Noor Alam (2002) Contractual justice in Asean: a comparative view of coercion.

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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 .

Item Type:Inaugural Lecture
Keyword:Contracts; Contractual justice; Coercion; Asean
Call Number:LG173 S45S981 no.59
Faculty or Institute:Faculty of Modern Language and Communication
ID Code:1109
Deposited By: Muizzudin Kaspol
Deposited On:09 Jun 2009 16:12
Last Modified:22 Jan 2016 16:33

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