Revisiting the position of unfair contract terms in Malaysia

Ismail, Suzi Fadhilah and Ayob, Juhana and Che Suhaimin, Syazalia (2024) Revisiting the position of unfair contract terms in Malaysia. In: Harmonisation of Shari’ah and Civil Law: Progress and Achievements. Centre for Islamisation International Islamic University Malaysia, Kuala Lumpur, Malaysia, pp. 356-377.

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Abstract

Unfair contract terms are usually found in the consumer contract. In most cases, the standard form of contract is commonly referred to as a ‘take it or leave it’ contract because the terms are drafted by the traders and the consumer is unable to discuss the terms of the contract which contains unjust terms. This paper seeks to revisit the legal framework governing unfair contract terms in Malaysia, embracing relevant rules and statutes as well as landmark cases that are concerned with unfair contract terms. The position of law relating to unfair contract terms in the United Kingdom is also examined for comparative approach as the law of contract as applied in Malaysia is essentially adopted from common law. Doctrinal analysis is employed as the method throughout the writing up. The paper analyses and highlights some weaknesses in the current legislation, in particular selected provisions of the Consumer Protection Act 1999. It finally concludes with some recommendation to improve the current legal framework of unfair contract terms in Malaysia.

Item Type:	Book Chapter
Uncontrolled Keywords:	consumer contract, unfair contract terms, unjust, Consumer Protection Act 1999
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Suzi Fadhilah Ismail
Date Deposited:	27 Dec 2024 09:49
Last Modified:	27 Dec 2024 09:49
URI:	http://irep.iium.edu.my/id/eprint/116882

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