The privity of contract

Third party rights under malaysia contract law

Research output: Contribution to journalArticle

Abstract

Modernisation has enhanced one's ability to conduct his/her affairs. Such advancement has enabled two or more parties from either ends of the globe to conclude a contract. Contracts that are multi lateral in nature is nothing new as a merchandise may require many different parts of different origins to be assembled before it can finally be put on the shelf and is ready for the consumer. Such phenomenon has dented the domination of the doctrine of privity in common law that once steadfastly restricts a contract to contracting parties only. This paper will attempt to explain privity of contract and the position of a third party to a contract under the Malaysian contract law as compared to some Commonwealth countries. The paper will also put forth suggestions that Malaysia can take to achieve contractual justice for third parties.

Original languageEnglish
Pages (from-to)185-192
Number of pages8
JournalInternational Journal of Interdisciplinary Social Sciences
Volume4
Issue number4
Publication statusPublished - 2009

Fingerprint

Malaysia
Law
common law
domination
doctrine
modernization
justice
ability

Keywords

  • Contract
  • Malaysia
  • Privity
  • Third Party Rights

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

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abstract = "Modernisation has enhanced one's ability to conduct his/her affairs. Such advancement has enabled two or more parties from either ends of the globe to conclude a contract. Contracts that are multi lateral in nature is nothing new as a merchandise may require many different parts of different origins to be assembled before it can finally be put on the shelf and is ready for the consumer. Such phenomenon has dented the domination of the doctrine of privity in common law that once steadfastly restricts a contract to contracting parties only. This paper will attempt to explain privity of contract and the position of a third party to a contract under the Malaysian contract law as compared to some Commonwealth countries. The paper will also put forth suggestions that Malaysia can take to achieve contractual justice for third parties.",
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AB - Modernisation has enhanced one's ability to conduct his/her affairs. Such advancement has enabled two or more parties from either ends of the globe to conclude a contract. Contracts that are multi lateral in nature is nothing new as a merchandise may require many different parts of different origins to be assembled before it can finally be put on the shelf and is ready for the consumer. Such phenomenon has dented the domination of the doctrine of privity in common law that once steadfastly restricts a contract to contracting parties only. This paper will attempt to explain privity of contract and the position of a third party to a contract under the Malaysian contract law as compared to some Commonwealth countries. The paper will also put forth suggestions that Malaysia can take to achieve contractual justice for third parties.

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