Unconscionability - statutory prevention of unethical business practices
This paper examines broadly the doctrine of unconscionability and analyzes to what extent business as well as consumer contracts in Malaysia do not preclude the possibility of unconscionability and unethical bargains. The commercial or business to business contracts look into the relationship in age...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Faculty of Economics and Management, Universiti Putra Malaysia
2009
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| Online Access: | http://psasir.upm.edu.my/id/eprint/17512/ http://psasir.upm.edu.my/id/eprint/17512/1/17512.pdf |
| _version_ | 1848843261843603456 |
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| author | Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam |
| author_facet | Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam |
| author_sort | Mohd Ishan, Zahira |
| building | UPM Institutional Repository |
| collection | Online Access |
| description | This paper examines broadly the doctrine of unconscionability and analyzes to what extent business as well as consumer contracts in Malaysia do not preclude the possibility of unconscionability and unethical bargains. The commercial or business to business contracts look into the relationship in agency and franchising while the consumer contracts specifically relate to the sales of goods, consumer credit as well as sales and purchase of housing. These commercial and consumer contracts are commonly adhesion in nature and are getting more complex in the modern world. This paper would also suggest the statutory requirement of conscionable conduct in all its variation in both the formation as well as performance of commercial and consumer contracts generally. The variation of conscionable conduct refers to conducts that are fair and made in good faith or without undue influence, gross inequality or presumed dishonesty. |
| first_indexed | 2025-11-15T08:12:13Z |
| format | Article |
| id | upm-17512 |
| institution | Universiti Putra Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T08:12:13Z |
| publishDate | 2009 |
| publisher | Faculty of Economics and Management, Universiti Putra Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | upm-175122015-07-02T07:15:26Z http://psasir.upm.edu.my/id/eprint/17512/ Unconscionability - statutory prevention of unethical business practices Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam This paper examines broadly the doctrine of unconscionability and analyzes to what extent business as well as consumer contracts in Malaysia do not preclude the possibility of unconscionability and unethical bargains. The commercial or business to business contracts look into the relationship in agency and franchising while the consumer contracts specifically relate to the sales of goods, consumer credit as well as sales and purchase of housing. These commercial and consumer contracts are commonly adhesion in nature and are getting more complex in the modern world. This paper would also suggest the statutory requirement of conscionable conduct in all its variation in both the formation as well as performance of commercial and consumer contracts generally. The variation of conscionable conduct refers to conducts that are fair and made in good faith or without undue influence, gross inequality or presumed dishonesty. Faculty of Economics and Management, Universiti Putra Malaysia 2009-06 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/17512/1/17512.pdf Mohd Ishan, Zahira and S. M. Hussain, Shaik Mohd Noor Alam (2009) Unconscionability - statutory prevention of unethical business practices. International Journal of Economics and Management, 3 (1). pp. 151-169. ISSN 1823-836X http://econ.upm.edu.my/ijem/vol3_no1.htm |
| spellingShingle | Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam Unconscionability - statutory prevention of unethical business practices |
| title | Unconscionability - statutory prevention of unethical business practices |
| title_full | Unconscionability - statutory prevention of unethical business practices |
| title_fullStr | Unconscionability - statutory prevention of unethical business practices |
| title_full_unstemmed | Unconscionability - statutory prevention of unethical business practices |
| title_short | Unconscionability - statutory prevention of unethical business practices |
| title_sort | unconscionability - statutory prevention of unethical business practices |
| url | http://psasir.upm.edu.my/id/eprint/17512/ http://psasir.upm.edu.my/id/eprint/17512/ http://psasir.upm.edu.my/id/eprint/17512/1/17512.pdf |