Legislative Enforcement of Contractual Fairness in Malaysian Consumer Contracts

Abstract

Consumers faced with contract do not know what 'small print' contains or understand its effect. Exclusion clauses may deprive a consumer of specific rights in which he deserves protection. The Consumer Protection Act 1999 in Malaysia, allows the consumers to identify between procedural unfairness and substantive unfairness. However, the Consumer Protection Act 1999 does not adequately protect the consumer. By applying the content analysis research method, this paper reviews the legislative and judicial intervention on unfair terms in consumer contracts. This article advocates that Malaysia should establish a specific framework on consumer law protection against unfair terms in consumer contracts.

Journal

Title: Journal of ASIAN Behavioural Studies

Abbreviated Title: jABs

Publisher: e-IPH Ltd.

ISSN (Electronic): 2514-7528

Publication date Created: April 30 2019

Publication date (Electronic): April 30 2019

Volume: 4

Issue: 13

Page: 51

Article

DOI: 10.21834/jabs.v4i13.334

Copyright statement: © 2019

License:

This work is licensed under a Creative Commons Attribution 4.0 Unported License. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/

Product

Self URI (journal page): https://jabs.e-iph.co.uk

Self URI (article page): https://jabs.e-iph.co.uk/index.php/jABs/article/view/334

Self URI (pdf): https://jabs.e-iph.co.uk/index.php/jABs/article/download/334/419