Isi kandungan kontrak : klasifikasi terma dan permasalahannya

The terms of the contract are its heart and life-blood in that they define both the content and scope of the parties’ mutual rights and obligations. Classification of terms has brought about several unresolved problems. Classically, terms of the contract have been divided into either conditions or...

Full description

Bibliographic Details
Main Author: Sakina Shaik Ahmad Yusoff
Format: Article
Published: Fakulti Undang - Undang 2001
Online Access:http://journalarticle.ukm.my/1635/
http://journalarticle.ukm.my/1635/
id ukm-1635
recordtype eprints
spelling ukm-16352019-05-14T04:43:58Z http://journalarticle.ukm.my/1635/ Isi kandungan kontrak : klasifikasi terma dan permasalahannya Sakina Shaik Ahmad Yusoff, The terms of the contract are its heart and life-blood in that they define both the content and scope of the parties’ mutual rights and obligations. Classification of terms has brought about several unresolved problems. Classically, terms of the contract have been divided into either conditions or warranties. The development of the innominate term introduces a more logical flexibility. A balance has to be struck between the two approaches; certainty brought about by the classical approach and flexibility as potrayed by the modern approach. Combining both approaches allows the court to tread a middle-path between rigid and unjust rule an one side, and indeterminate flexibility on the other. Terms have also been classified as express or implied. A court may be required to imply a term if the parties have specified only the rudimentary obligations. The duty of a court to find the existence of an implied term in a contract nevertheless is a matter to be exercised with care. In implying terms into contracts, what criterion would be a more appropriate rubric to adopt? Implied terms also raises questions of its status vis-à-vis the express terms of a contract. This article is thus devoted to analyzing some problems brought about by the classification of contractual terms and looks at some thoughts surrounding these problems Fakulti Undang - Undang 2001 Article PeerReviewed Sakina Shaik Ahmad Yusoff, (2001) Isi kandungan kontrak : klasifikasi terma dan permasalahannya. Jurnal Undang-undang, 5 . ISSN 1394-7729 http://ejournal.ukm.my/juum
repository_type Digital Repository
institution_category Local University
institution Universiti Kebangasaan Malaysia
building UKM Institutional Repository
collection Online Access
description The terms of the contract are its heart and life-blood in that they define both the content and scope of the parties’ mutual rights and obligations. Classification of terms has brought about several unresolved problems. Classically, terms of the contract have been divided into either conditions or warranties. The development of the innominate term introduces a more logical flexibility. A balance has to be struck between the two approaches; certainty brought about by the classical approach and flexibility as potrayed by the modern approach. Combining both approaches allows the court to tread a middle-path between rigid and unjust rule an one side, and indeterminate flexibility on the other. Terms have also been classified as express or implied. A court may be required to imply a term if the parties have specified only the rudimentary obligations. The duty of a court to find the existence of an implied term in a contract nevertheless is a matter to be exercised with care. In implying terms into contracts, what criterion would be a more appropriate rubric to adopt? Implied terms also raises questions of its status vis-à-vis the express terms of a contract. This article is thus devoted to analyzing some problems brought about by the classification of contractual terms and looks at some thoughts surrounding these problems
format Article
author Sakina Shaik Ahmad Yusoff,
spellingShingle Sakina Shaik Ahmad Yusoff,
Isi kandungan kontrak : klasifikasi terma dan permasalahannya
author_facet Sakina Shaik Ahmad Yusoff,
author_sort Sakina Shaik Ahmad Yusoff,
title Isi kandungan kontrak : klasifikasi terma dan permasalahannya
title_short Isi kandungan kontrak : klasifikasi terma dan permasalahannya
title_full Isi kandungan kontrak : klasifikasi terma dan permasalahannya
title_fullStr Isi kandungan kontrak : klasifikasi terma dan permasalahannya
title_full_unstemmed Isi kandungan kontrak : klasifikasi terma dan permasalahannya
title_sort isi kandungan kontrak : klasifikasi terma dan permasalahannya
publisher Fakulti Undang - Undang
publishDate 2001
url http://journalarticle.ukm.my/1635/
http://journalarticle.ukm.my/1635/
first_indexed 2023-09-18T19:33:52Z
last_indexed 2023-09-18T19:33:52Z
_version_ 1777405141111013376