Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal
The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the produc...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Published: |
Human Resource Management Academic Research Society
2022
|
| Online Access: | http://psasir.upm.edu.my/id/eprint/100654/ |
| _version_ | 1848863380213858304 |
|---|---|
| author | Naimat, Nasihah Abu Bakar, Elistina Muhammad Arif, Afida Mastura |
| author_facet | Naimat, Nasihah Abu Bakar, Elistina Muhammad Arif, Afida Mastura |
| author_sort | Naimat, Nasihah |
| building | UPM Institutional Repository |
| collection | Online Access |
| description | The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the product, the consumer could sue the seller based on the contract of sale between the seller and the consumer. The consumer cannot sue the manufacturer because there is no contract between the consumer and the manufacturer. This article thus addresses the question of the extent to which the doctrine of privity can give rise to liability on the part of the manufacture or the seller on the issue of halal. The findings of this study suggest that the doctrine of privity has some weaknesses that need to be addressed in order to provide better consumer protection on the issue of halal. |
| first_indexed | 2025-11-15T13:32:00Z |
| format | Article |
| id | upm-100654 |
| institution | Universiti Putra Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-15T13:32:00Z |
| publishDate | 2022 |
| publisher | Human Resource Management Academic Research Society |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | upm-1006542023-09-15T08:03:48Z http://psasir.upm.edu.my/id/eprint/100654/ Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal Naimat, Nasihah Abu Bakar, Elistina Muhammad Arif, Afida Mastura The doctrine of privity provides that only the contracting parties to a contract incur rights and obligations under the contract. Third parties cannot sue or be sued under a contract. Thus, if a manufacturer who sells a product to a seller who then sells it to a consumer who is injured by the product, the consumer could sue the seller based on the contract of sale between the seller and the consumer. The consumer cannot sue the manufacturer because there is no contract between the consumer and the manufacturer. This article thus addresses the question of the extent to which the doctrine of privity can give rise to liability on the part of the manufacture or the seller on the issue of halal. The findings of this study suggest that the doctrine of privity has some weaknesses that need to be addressed in order to provide better consumer protection on the issue of halal. Human Resource Management Academic Research Society 2022-08-11 Article PeerReviewed Naimat, Nasihah and Abu Bakar, Elistina and Muhammad Arif, Afida Mastura (2022) Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal. Human Resource Management Academic Research Society, 12 (8). 1031 - 1036. ISSN 2222-6990 https://hrmars.com/index.php/IJARBSS/article/view/14671/Challenges-in-Claiming-Under-The-Doctrine-of-Privity-Contract-in-Malaysia-The-Issue-of-Halal 10.6007/IJARBSS/v12-i8/14671 |
| spellingShingle | Naimat, Nasihah Abu Bakar, Elistina Muhammad Arif, Afida Mastura Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title | Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title_full | Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title_fullStr | Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title_full_unstemmed | Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title_short | Challenges in claiming under the doctrine of privity contract in Malaysia: the issue of halal |
| title_sort | challenges in claiming under the doctrine of privity contract in malaysia: the issue of halal |
| url | http://psasir.upm.edu.my/id/eprint/100654/ http://psasir.upm.edu.my/id/eprint/100654/ http://psasir.upm.edu.my/id/eprint/100654/ |