Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts

QR Code

Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts

The issues on unconscionability and inequality of bargaining power are common legal dictums, which are constantly and continuously discussed in consumer contracts. However, the predicaments caused by unconscionability and inequality of bargaining power in commercial contracts are often left si...

Full description

Bibliographic Details
Main Authors:	Alias, Siti Aliza, Abdul Ghadas, Zuhairah Ariff
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/28627/ http://irep.iium.edu.my/28627/1/AJBAS_331-341.pdf

Similar Items

The doctrine of separation of powers: judicial review as a check and balance tool
by: Mokhtar, Khairil Azmin, et al.
Published: (2013)

The substantive law on medical negligence
by: Jahn Kassim, Puteri Nemie
Published: (2009)

'The myth of corporate personality': a comparative legal analysis of the doctrine of corporate personality of Malaysian and Islamic laws
by: Hassan, Halyani, et al.
Published: (2012)

The application of contract law principles in domestic contracts
by: Ibrahim, Norliah, et al.
Published: (2015)

Unconscionability and the clash between contractual justice and freedom of contract in Malaysia
by: Abdullah, Mohd Faiz, et al.
Published: (2011)

'Law corporation' a new business vehicle for lawyers in the common law countries: special reference to Singapore
by: Alias, Siti Aliza, et al.
Published: (2014)

A legal study on Malaysian contract law: economic duress and doctrine of unconscionability / Nur Liyana Mohd Norizam, Nurul Izzah Mohd Nazri and Puteri Farahwati Faizan
by: Mohd Norizam, Nur Liyana, et al.
Published: (2012)

Statutory Unconscionability in Australia
by: Webb, Eileen
Published: (2017)

Contract of employment : a non-commercial contract
by: Ali Mohamed, Ashgar Ali
Published: (2013)

ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
by: Abdul Ghadas, Zuhairah Ariff, et al.
Published: (2010)

Unconscionability in the Law and Practice of Franchising
by: Mohd Ishan, Zahira
Published: (2008)

Industrial contracting , collective bargaining and wages in Australia.
by: Peetz, D., et al.
Published: (2009)

Mediation: plea bargaining in criminal cases
by: Kamarudin, Abdul Rani
Published: (2020)

The abuse of the due process doctrine
by: Shair Mohamad, Mohd Akram, et al.
Published: (2015)

The abuse of the due process doctrine
by: Shair Mohamad, Mohd Akram, et al.
Published: (2015)

The Application of Good Faith in Contracts During a Force Majeure Event and Beyond with Special Reference to The Covid-19 Act 2020
by: Abdullah, Nurhidayah, et al.
Published: (2023)

Unconscionable conduct in consumer and business transactions
by: Nahan, N., et al.
Published: (2013)

The historical development and juridical issues of the common law concept of professions
by: Abd Rahman, Hussin Mohamed, et al.
Published: (2015)

“Partners Limited”, the changing facet of private legal practices entity in Malaysia and Singapore
by: Abd Rahman, Hussin Mohamed, et al.
Published: (2016)

The substantive independence of the judiciary under the constitutions of Bangladesh and Malaysia : A comparative study / M. Ehteshamul Bari
by: M. Ehteshamul, Bari
Published: (2011)

The substantive independence of the judiciary under the constitutions of Bangladesh and Malaysia : a comparative study / by M. Ehteshamul Bari.
by: Bari, M. Ehteshamul
Published: (2011)

Harmonisation of Contracts Act 1950 and the Shariah
by: Nik Mahmod, Nik Ahmad Kamal, et al.
Published: (2016)

"New boys on the block" limited liability partnerships; Special reference to the LLP consultative document April 2008
by: Abd Ghadas, Zuhairah Ariff
Published: (2009)

Limited liability partnership in Malaysia with special reference to the Labuan Limited Partnership and Labuan Limited Liability Partnership Act 2010
by: Abd Ghadas, Zuhairah Ariff
Published: (2011)

Registration and salient features of partnerships
by: Abd Ghadas, Zuhairah Ariff
Published: (2011)

Liability of partners
by: Abd Ghadas, Zuhairah Ariff
Published: (2011)

Labuan limited partnership and limited liability partnerships Act 2010: an appraisal
by: Abd Ghadas, Zuhairah Ariff
Published: (2010)

Limited liability partnerships: its emergence in Southeast Asia
by: Abd Ghadas, Zuhairah Ariff
Published: (2010)

Enhancing plea bargaining process through mediation
by: Ab Aziz, Norjihan, et al.
Published: (2017)

The doctrine of corporate social responsibility: towards binding legal responsibility
by: Eishan Jan, Mohammad Naqib, et al.
Published: (2016)

Unconscionability - statutory prevention of unethical business practices
by: Mohd Ishan, Zahira, et al.
Published: (2009)

"LLPS; the business autobots" special reference to the limited liability partnerships (Malaysia) consultative document April 2008
by: Abd Ghadas, Zuhairah Ariff
Published: (2010)

"Going forward" the changing facet of partnership base business structure; development of venture capital vehicles in Malaysia
by: Abd Ghadas, Zuhairah Ariff
Published: (2011)

Enhancing plea bargaining process through mediation
by: Ab Aziz, Norjihan, et al.
Published: (2017)

The Effect of Substantive Parameters On The Efficiency Of Archimedes Screw Microhydro Power: A Review
by: Nurul Suraya, Azahari, et al.
Published: (2015)

Plea bargaining as a solution for criminal case backlog in Indonesia
by: Hakim, Lukman, et al.
Published: (2020)

Partners' limited: limited liability in partnerships structure: an overview of the common law and the Shariah
by: Abd Ghadas, Zuhairah Ariff
Published: (2009)

Doctrine of mens rea in rape: a comparative appraisal
by: Mohamad Yunus, Mohamad Ismail
Published: (2002)

Educate Australia Fair? Education inequality in Australia
by: Dockery, Alfred Michael, et al.
Published: (2017)

Union bargaining power, subcontracting and innovation
by: Beladi, Hamid, et al.
Published: (2017)