Unconscionability and the clash between contractual justice and freedom of contract in Malaysia
Malaysian courts apply conventional principles in determining cases involving contract law. They tend to emphasise the importance of form and procedure over substance and are inclined to enforce a contract as long as it satisfies the basic requirements of validity. The courts are averse to interveni...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Billion Brains
2011
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| Online Access: | http://psasir.upm.edu.my/id/eprint/22813/ http://psasir.upm.edu.my/id/eprint/22813/1/Unconscionability%20and%20the%20clash%20between%20contractual%20justice%20and%20freedom%20of%20contract%20in%20Malaysia.pdf |
| _version_ | 1848844587865473024 |
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| author | Abdullah, Mohd Faiz Ab Rahman, Rozanah |
| author_facet | Abdullah, Mohd Faiz Ab Rahman, Rozanah |
| author_sort | Abdullah, Mohd Faiz |
| building | UPM Institutional Repository |
| collection | Online Access |
| description | Malaysian courts apply conventional principles in determining cases involving contract law. They tend to emphasise the importance of form and procedure over substance and are inclined to enforce a contract as long as it satisfies the basic requirements of validity. The courts are averse to intervening, let alone declare an entire contract nugatory. The doctrine of unconscionability, though much in use in England and other common law jurisdictions appears retarded in Malaysia’s jurisprudence, caught in the clash between contractual justice and freedom of contract. This paper argues in favour of the former and states the case as to why courts should administer justice, and just law. |
| first_indexed | 2025-11-15T08:33:18Z |
| format | Article |
| id | upm-22813 |
| institution | Universiti Putra Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T08:33:18Z |
| publishDate | 2011 |
| publisher | Billion Brains |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | upm-228132017-10-31T03:43:26Z http://psasir.upm.edu.my/id/eprint/22813/ Unconscionability and the clash between contractual justice and freedom of contract in Malaysia Abdullah, Mohd Faiz Ab Rahman, Rozanah Malaysian courts apply conventional principles in determining cases involving contract law. They tend to emphasise the importance of form and procedure over substance and are inclined to enforce a contract as long as it satisfies the basic requirements of validity. The courts are averse to intervening, let alone declare an entire contract nugatory. The doctrine of unconscionability, though much in use in England and other common law jurisdictions appears retarded in Malaysia’s jurisprudence, caught in the clash between contractual justice and freedom of contract. This paper argues in favour of the former and states the case as to why courts should administer justice, and just law. Billion Brains 2011-11 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/22813/1/Unconscionability%20and%20the%20clash%20between%20contractual%20justice%20and%20freedom%20of%20contract%20in%20Malaysia.pdf Abdullah, Mohd Faiz and Ab Rahman, Rozanah (2011) Unconscionability and the clash between contractual justice and freedom of contract in Malaysia. World Journal of Social Sciences, 1 (5). pp. 151-158. ISSN 1838-3785; ESSN: 1839-1184 http://www.wjsspapers.com/previous_issue/November/2011 |
| spellingShingle | Abdullah, Mohd Faiz Ab Rahman, Rozanah Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title | Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title_full | Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title_fullStr | Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title_full_unstemmed | Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title_short | Unconscionability and the clash between contractual justice and freedom of contract in Malaysia |
| title_sort | unconscionability and the clash between contractual justice and freedom of contract in malaysia |
| url | http://psasir.upm.edu.my/id/eprint/22813/ http://psasir.upm.edu.my/id/eprint/22813/ http://psasir.upm.edu.my/id/eprint/22813/1/Unconscionability%20and%20the%20clash%20between%20contractual%20justice%20and%20freedom%20of%20contract%20in%20Malaysia.pdf |