Contractual justice in Asean: a comparative view of coercion

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

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Abstract

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
ID Code:1109
Deposited By: Muizzudin Kaspol
Deposited On:09 Jun 2009 08:12
Last Modified:27 May 2013 06:52

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