Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010

Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010

Consumers enter into various types of contract for the supply of goods or services in their everyday life. In most cases these contracts contain terms which are more favourable to traders but unfair to the consumers. A standard form contract designed by the traders is the common contract where unfai...

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Bibliographic Details
Main Author: Amin, Naemah
Format: Conference or Workshop Item
Language:English
English
Published: 2012
Subjects:
HC79 Special topics. Including air pollution, consumer demands,famines, flow of fund etc
K Law (General)
Online Access:http://irep.iium.edu.my/24683/
http://irep.iium.edu.my/24683/1/9th_ASLI_Conference_2012.pdf
http://irep.iium.edu.my/24683/4/9th_ASLI_Panel_Listing.pdf
id iium-24683
recordtype eprints
spelling iium-246832013-02-22T02:58:27Z http://irep.iium.edu.my/24683/ Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010 Amin, Naemah HC79 Special topics. Including air pollution, consumer demands,famines, flow of fund etc K Law (General) Consumers enter into various types of contract for the supply of goods or services in their everyday life. In most cases these contracts contain terms which are more favourable to traders but unfair to the consumers. A standard form contract designed by the traders is the common contract where unfair terms can be expected to be found. Unfair terms particularly in the form of exemption clauses can also be found or printed in the receipts, invoices and other sale documents. These terms may operate extremely harshly against the consumers because their rights may be limited or restricted or denied all together. Malaysian consumers have been haunted with this issue for a long time even after the introduction of the Consumer Protection Act (CPA) in 1999 since the issue has not been properly tackled by the Act. Nonetheless this major loophole in the Malaysian consumer protection law has recently been rectified by the CPA (Amendment) Act 2010. It is interesting to note that the Amendment has adopted the Indian Law Commission Report on Unfair (Procedural & Substantive) Terms in Contract (2006) which divides unfairness into ‘procedural’ and ‘substantive’ unfairness. Such a division has not been done in any country so far. This article evaluates the extent to which provisions on procedural unfairness and substantive unfairness under a new Part IIIA of the CPA provide better protection to consumers in terms of getting fair bargain. 2012-06-01 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/24683/1/9th_ASLI_Conference_2012.pdf application/pdf en http://irep.iium.edu.my/24683/4/9th_ASLI_Panel_Listing.pdf Amin, Naemah (2012) Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010. In: 9th ASLI Conference, 31 May - 1 Jun 2012, NUS, Singapore. (Unpublished)
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic HC79 Special topics. Including air pollution, consumer demands,famines, flow of fund etc
K Law (General)
spellingShingle HC79 Special topics. Including air pollution, consumer demands,famines, flow of fund etc
K Law (General)
Amin, Naemah
Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
description Consumers enter into various types of contract for the supply of goods or services in their everyday life. In most cases these contracts contain terms which are more favourable to traders but unfair to the consumers. A standard form contract designed by the traders is the common contract where unfair terms can be expected to be found. Unfair terms particularly in the form of exemption clauses can also be found or printed in the receipts, invoices and other sale documents. These terms may operate extremely harshly against the consumers because their rights may be limited or restricted or denied all together. Malaysian consumers have been haunted with this issue for a long time even after the introduction of the Consumer Protection Act (CPA) in 1999 since the issue has not been properly tackled by the Act. Nonetheless this major loophole in the Malaysian consumer protection law has recently been rectified by the CPA (Amendment) Act 2010. It is interesting to note that the Amendment has adopted the Indian Law Commission Report on Unfair (Procedural & Substantive) Terms in Contract (2006) which divides unfairness into ‘procedural’ and ‘substantive’ unfairness. Such a division has not been done in any country so far. This article evaluates the extent to which provisions on procedural unfairness and substantive unfairness under a new Part IIIA of the CPA provide better protection to consumers in terms of getting fair bargain.
format Conference or Workshop Item
author Amin, Naemah
author_facet Amin, Naemah
author_sort Amin, Naemah
title Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
title_short Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
title_full Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
title_fullStr Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
title_full_unstemmed Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010
title_sort protecting consumers against unfair contract terms in malaysia: the consumer protection (amendment) act 2010
publishDate 2012
url http://irep.iium.edu.my/24683/
http://irep.iium.edu.my/24683/1/9th_ASLI_Conference_2012.pdf
http://irep.iium.edu.my/24683/4/9th_ASLI_Panel_Listing.pdf
first_indexed 2023-09-18T20:36:58Z
last_indexed 2023-09-18T20:36:58Z
_version_ 1777409111032332288

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