"Exemption clauses and the consumer" / Noor Shida Ismail

Viewed as a principle standardization has much to offer. However in reality the reverse occurs. In modern times the doctrine of freedom of contract has been abused by parties in economically stronger bargaining positions. The helpless consumer versus the gigantic manufacturers. The theoritical basis...

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Main Author: Ismail, Noor Shida
Format: Student Project
Language:English
Published: Faculty of Law 1985
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/27713/
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author Ismail, Noor Shida
author_facet Ismail, Noor Shida
author_sort Ismail, Noor Shida
building UiTM Institutional Repository
collection Online Access
description Viewed as a principle standardization has much to offer. However in reality the reverse occurs. In modern times the doctrine of freedom of contract has been abused by parties in economically stronger bargaining positions. The helpless consumer versus the gigantic manufacturers. The theoritical basis of our Contracts Act 1950 (revised 1974) that contracts are made by personal choice by'individuals who reach a consensus, has become unreal. Laissez-faire economies and their corresponding philosophic and political theories of liberalism no longer holds way. Individual freedom at times needs to be restricted in order to ensure social and economic justice, and the writer feels that the state should step in certain areas to ensure fair bargains and disallow standard agreement which incorporates compre hensively worded exemption clauses which are a blatant misuse of the powers allowed by the doctrine o f freedom of contract.
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spelling uitm-277132022-08-19T02:48:57Z https://ir.uitm.edu.my/id/eprint/27713/ "Exemption clauses and the consumer" / Noor Shida Ismail Ismail, Noor Shida K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) Viewed as a principle standardization has much to offer. However in reality the reverse occurs. In modern times the doctrine of freedom of contract has been abused by parties in economically stronger bargaining positions. The helpless consumer versus the gigantic manufacturers. The theoritical basis of our Contracts Act 1950 (revised 1974) that contracts are made by personal choice by'individuals who reach a consensus, has become unreal. Laissez-faire economies and their corresponding philosophic and political theories of liberalism no longer holds way. Individual freedom at times needs to be restricted in order to ensure social and economic justice, and the writer feels that the state should step in certain areas to ensure fair bargains and disallow standard agreement which incorporates compre hensively worded exemption clauses which are a blatant misuse of the powers allowed by the doctrine o f freedom of contract. Faculty of Law 1985 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/27713/1/PPd_NOOR%20SHIDA%20ISMAIL%20LW%2085_5.pdf Ismail, Noor Shida (1985) "Exemption clauses and the consumer" / Noor Shida Ismail. (1985) [Student Project] <http://terminalib.uitm.edu.my/27713.pdf> (Unpublished)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Ismail, Noor Shida
"Exemption clauses and the consumer" / Noor Shida Ismail
title "Exemption clauses and the consumer" / Noor Shida Ismail
title_full "Exemption clauses and the consumer" / Noor Shida Ismail
title_fullStr "Exemption clauses and the consumer" / Noor Shida Ismail
title_full_unstemmed "Exemption clauses and the consumer" / Noor Shida Ismail
title_short "Exemption clauses and the consumer" / Noor Shida Ismail
title_sort "exemption clauses and the consumer" / noor shida ismail
topic K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
url https://ir.uitm.edu.my/id/eprint/27713/