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

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

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Main Author:	Amin, Naemah
Format:	Article
Language:	English
Published:	LexisNexis 2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/30573/ http://irep.iium.edu.my/30573/ http://irep.iium.edu.my/30573/1/Unfair_contract_terms.pdf

id	iium-30573
recordtype	eprints
spelling	iium-305732014-10-23T08:29:10Z http://irep.iium.edu.my/30573/ Protecting consumers against unfair contract terms in Malaysia: the Consumer Protection (Amendment) Act 2010 Amin, Naemah K Law (General) Consumers enter into various types of contracts for the supply of goods or services in their everyday lives. In most cases these contracts contain terms which are more favourable to traders but are 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 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 a fair bargain. LexisNexis 2013-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/30573/1/Unfair_contract_terms.pdf Amin, Naemah (2013) Protecting consumers against unfair contract terms in Malaysia: the Consumer Protection (Amendment) Act 2010. Malayan Law Journal, 1. pp. 1-11. ISSN 0025-1283 http://www.lexisnexis.com/my/academic/
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) Amin, Naemah Protecting consumers against unfair contract terms in Malaysia: the Consumer Protection (Amendment) Act 2010
description	Consumers enter into various types of contracts for the supply of goods or services in their everyday lives. In most cases these contracts contain terms which are more favourable to traders but are 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 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 a fair bargain.
format	Article
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
publisher	LexisNexis
publishDate	2013
url	http://irep.iium.edu.my/30573/ http://irep.iium.edu.my/30573/ http://irep.iium.edu.my/30573/1/Unfair_contract_terms.pdf
first_indexed	2023-09-18T20:44:45Z
last_indexed	2023-09-18T20:44:45Z
_version_	1777409600655458304

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

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