Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts

The issues on unconscionability and inequality of bargaining power are common legal dictums, which are constantly and continuously discussed in consumer contracts. However, the predicaments caused by unconscionability and inequality of bargaining power in commercial contracts are often left si...

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Main Authors:	Alias, Siti Aliza, Abdul Ghadas, Zuhairah Ariff
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/28627/ http://irep.iium.edu.my/28627/ http://irep.iium.edu.my/28627/1/AJBAS_331-341.pdf

id	iium-28627
recordtype	eprints
spelling	iium-286272014-08-26T06:10:53Z http://irep.iium.edu.my/28627/ Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts Alias, Siti Aliza Abdul Ghadas, Zuhairah Ariff K Law (General) The issues on unconscionability and inequality of bargaining power are common legal dictums, which are constantly and continuously discussed in consumer contracts. However, the predicaments caused by unconscionability and inequality of bargaining power in commercial contracts are often left side ways despite the alarm, which had been set on by the contractual parties in commercial contracts. Terms on earnest payment, performance bond, pre-determined damages, standard exemption and limitation terms in commercial contracts are examples of practices which arise from the unconscionability and inequality of bargaining power of the contractual parties. This paper looks into the raison de-etre and legal discussion on the principles of unconscionability and inequality of bargaining power under the law of contract and to highlight its application and effect in commercial contracts. References of the discussion are mainly made to the common law principles with occasional reference to the Australian law and Malaysian law. Research methodologies applied in this research are doctrinal and statutory analysis. INSI Publications 2012-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28627/1/AJBAS_331-341.pdf Alias, Siti Aliza and Abdul Ghadas, Zuhairah Ariff (2012) Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 331-341. ISSN 1991-8178 http://www.ajbasweb.com/ajbas/2012/Special%20oct/331-341.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Alias, Siti Aliza Abdul Ghadas, Zuhairah Ariff Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
description	The issues on unconscionability and inequality of bargaining power are common legal dictums, which are constantly and continuously discussed in consumer contracts. However, the predicaments caused by unconscionability and inequality of bargaining power in commercial contracts are often left side ways despite the alarm, which had been set on by the contractual parties in commercial contracts. Terms on earnest payment, performance bond, pre-determined damages, standard exemption and limitation terms in commercial contracts are examples of practices which arise from the unconscionability and inequality of bargaining power of the contractual parties. This paper looks into the raison de-etre and legal discussion on the principles of unconscionability and inequality of bargaining power under the law of contract and to highlight its application and effect in commercial contracts. References of the discussion are mainly made to the common law principles with occasional reference to the Australian law and Malaysian law. Research methodologies applied in this research are doctrinal and statutory analysis.
format	Article
author	Alias, Siti Aliza Abdul Ghadas, Zuhairah Ariff
author_facet	Alias, Siti Aliza Abdul Ghadas, Zuhairah Ariff
author_sort	Alias, Siti Aliza
title	Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
title_short	Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
title_full	Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
title_fullStr	Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
title_full_unstemmed	Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts
title_sort	inequality of bargaining power and the doctrine of unconscionability: towards substantive fairness in commercial contracts
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/28627/ http://irep.iium.edu.my/28627/ http://irep.iium.edu.my/28627/1/AJBAS_331-341.pdf
first_indexed	2023-09-18T20:42:10Z
last_indexed	2023-09-18T20:42:10Z
_version_	1777409437672144896

Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts

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