2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia
| Format: | General Document |
|---|
| _version_ | 1860798186989289472 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2022-08-07 |
| format | General Document |
| id | 16339 |
| institution | UniSZA |
| originalfilename | UNFAIR CONTRACT TERMS IN ONLINE COMMERCIAL AIRLINES IN MALAYSIA (PHD_2022).pdf |
| person | Farihana binti Abdul Razak |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16339 |
| sourcemedia | Server storage Scanned document |
| spelling | 16339 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16339 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.3.4; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 373 2022-08-07 UNFAIR CONTRACT TERMS IN ONLINE COMMERCIAL AIRLINES IN MALAYSIA (PHD_2022).pdf Farihana binti Abdul Razak Unfair Contract Airlines Online services Geographical focus Unfair contract terms 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia Unfair contract terms are the terms that give the advantage to one party in a contract while giving disadvantage or negative impact to another. With the rapid development of information technology, the online business has increased and resulted in the wide use of online contracts. Therefore, it has been a common practice for the commercial industry to use standard form contracts. A standard form contract is a contract between two parties in which binding on the other party and any new contracting party in future. This research aims to analyse unfair contract terms in online commercial airlines’ conditions of carriage in Malaysia and propose legal mechanism to minimize the effect of unfair contract terms. This research adopted doctrinal research to examine the legal theories of unfair contract terms in the conditions of carriage of commercial airlines. A special reference was made to the United Kingdom and Australia in exploring laws governing such unfair contract terms. For data collection, this research used library research comprising of primary and secondary sources. Primary sources included statutes and case law while secondary sources included books, journals, reports, conference papers and other periodicals. All the above sources were analysed using a content analysis approach based on historical, philosophical and special reference perspectives. The research focused on Air Asia and Malaysia Airlines as the sample of standard form contracts of carriage to analyse unfair contract terms in the conditions of carriage. This research identified that there are five areas in Air Asia and Malaysia Airlines’ conditions that constitute unfair contract terms namely (i) the reservation of the right with or without prior notice; (ii) the right to vary, delete or add any terms; (iii) the use of an exclusion clause; (iv) the terms and conditions of the contract of carriage shall prevail; and (v) a limited liability clause. This research concluded that there are some unfair contract terms in the online commercial airlines’ conditions of carriage in Malaysia. Three legal mechanisms are proposed to minimise the effect of unfair contract terms namely (i) introduction of nudges for public awareness; (ii) replacement of certain terms by observing the model terms and conditions used by several airline companies in other countries; and (iii) strengthen the law of unfair contract terms in Malaysia. Dissertations, Academic Thesis |
| spellingShingle | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| state | Terengganu |
| subject | Online services Geographical focus Unfair contract terms Dissertations, Academic |
| summary | Unfair contract terms are the terms that give the advantage to one party in a contract while giving disadvantage or negative impact to another. With the rapid development of information technology, the online business has increased and resulted in the wide use of online contracts. Therefore, it has been a common practice for the commercial industry to use standard form contracts. A standard form contract is a contract between two parties in which binding on the other party and any new contracting party in future. This research aims to analyse unfair contract terms in online commercial airlines’ conditions of carriage in Malaysia and propose legal mechanism to minimize the effect of unfair contract terms. This research adopted doctrinal research to examine the legal theories of unfair contract terms in the conditions of carriage of commercial airlines. A special reference was made to the United Kingdom and Australia in exploring laws governing such unfair contract terms. For data collection, this research used library research comprising of primary and secondary sources. Primary sources included statutes and case law while secondary sources included books, journals, reports, conference papers and other periodicals. All the above sources were analysed using a content analysis approach based on historical, philosophical and special reference perspectives. The research focused on Air Asia and Malaysia Airlines as the sample of standard form contracts of carriage to analyse unfair contract terms in the conditions of carriage. This research identified that there are five areas in Air Asia and Malaysia Airlines’ conditions that constitute unfair contract terms namely (i) the reservation of the right with or without prior notice; (ii) the right to vary, delete or add any terms; (iii) the use of an exclusion clause; (iv) the terms and conditions of the contract of carriage shall prevail; and (v) a limited liability clause. This research concluded that there are some unfair contract terms in the online commercial airlines’ conditions of carriage in Malaysia. Three legal mechanisms are proposed to minimise the effect of unfair contract terms namely (i) introduction of nudges for public awareness; (ii) replacement of certain terms by observing the model terms and conditions used by several airline companies in other countries; and (iii) strengthen the law of unfair contract terms in Malaysia. |
| title | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| title_full | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| title_fullStr | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| title_full_unstemmed | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| title_short | 2022_Unfair Contract Terms in Online Commercial Airlines in Malaysia |
| title_sort | 2022_unfair contract terms in online commercial airlines in malaysia |