Legislative control of exclusion clauses in selected common law countries

Sakina Shaik Ahmad Yusoff, Azimon Abdul Aziz, Rahmah Ismail, Shamsuddin Suhor, Muhammad Rizal Razman, Kartini Aboo Talib Khalid

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

In an economy that is fast becoming global, the liberalisation of trade presents challenges to the consumer protection regime of every jurisdiction. Marketplace has thus ceased to be the guarantor of the best interest of consumers. Thus the survival of any nation consumer protection law depends on how it caters for ways and means to correct the inequalities in the global market. One of the major concerns in remedying market failures is the lack of legal protection given to consumers by way of legislations in the area of unfair terms in particular exclusion clauses in consumer contracts. With the advancement of technology, the adequacy of the existing law of contract has been questioned. The absence of appropriate legal mechanism to curb the use of unfair terms in consumer contracts has lead to oppression of consumers and the spread of unethical conduct of traders. The introduction of the Consumer Protection Act 1999 in Malaysia has to a certain extent enhanced consumer rights in contracts. With the new amendment in 2010 of the 1999 Act, a new legislative regime of controlling unfair terms in consumer contracts has been introduced in Malaysia. Adopting the content analysis methodology, this article explores the extent of the legal protection in the area of exclusion clauses in consumer contracts given by the consumer protection legislations of selected common law countries, namely, Malaysia, United Kingdom and Singapore.

Original languageEnglish
Pages (from-to)90-108
Number of pages19
JournalMalaysian Journal of Consumer and Family Economics
Volume14
Issue number1
Publication statusPublished - 2011

Fingerprint

Exclusion
Common law
Consumer protection
Malaysia
Legal protection
Legislation
Jurisdiction
Amendments
Market failure
Liberalization
Singapore
Adequacy
Methodology
Consumer rights
Global market
Content analysis
Traders

ASJC Scopus subject areas

  • Economics, Econometrics and Finance(all)

Cite this

Legislative control of exclusion clauses in selected common law countries. / Shaik Ahmad Yusoff, Sakina; Aziz, Azimon Abdul; Ismail, Rahmah; Suhor, Shamsuddin; Razman, Muhammad Rizal; Aboo Talib Khalid, Kartini.

In: Malaysian Journal of Consumer and Family Economics, Vol. 14, No. 1, 2011, p. 90-108.

Research output: Contribution to journalArticle

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