Keyword Search:


Bookmark and Share

Unconscionability and the clash between contractual justice and freedom of contract in Malaysia

Abdullah, Mohd Faiz and Ab. Rahman, Rozanah (2011) Unconscionability and the clash between contractual justice and freedom of contract in Malaysia. World Journal of Social Sciences, 1 (5). pp. 151-158. ISSN 1838-3785; ESSN: 1839-1184

[img] PDF (Abstract)
171Kb

Official URL: http://www.wjsspapers.com/previous_issue/November/...

Abstract

Malaysian courts apply conventional principles in determining cases involving contract law. They tend to emphasise the importance of form and procedure over substance and are inclined to enforce a contract as long as it satisfies the basic requirements of validity. The courts are averse to intervening, let alone declare an entire contract nugatory. The doctrine of unconscionability, though much in use in England and other common law jurisdictions appears retarded in Malaysia’s jurisprudence, caught in the clash between contractual justice and freedom of contract. This paper argues in favour of the former and states the case as to why courts should administer justice, and just law.

Item Type:Article
Keyword:Unconscionability; Contractual justice; Freedom of contract
Faculty or Institute:Faculty of Economics and Management
Publisher:World Business Institute
ID Code:22813
Deposited By: Nabilah Mustapa
Deposited On:04 Sep 2015 19:25
Last Modified:29 Sep 2015 12:57

Repository Staff Only: Edit item detail

Document Download Statistics

This item has been downloaded for since 04 Sep 2015 19:25.

View statistics for "Unconscionability and the clash between contractual justice and freedom of contract in Malaysia"