"Exemption clauses and the consumer" / Noor Shida Ismail

• Main Author: Ismail, Noor Shida
• Format: Text
• Language: English
• Published: Faculty of Law 1985
• Subjects: K Law in general. Comparative and uniform law. Jurisprudence; KP Asia and Eurasia; Africa; Pacific Area; and Antarctica. Asia. (South Asia. Southeast Asia. East Asia); Pacific; Antarc*; Antarctica
• Online Access: https://ir.uitm.edu.my/id/eprint/27713/; https://ir.uitm.edu.my/id/eprint/27713/1/PPd_NOOR%20SHIDA%20ISMAIL%20LW%2085_5.pdf

Viewed as a principle standardization has much to offer. However in reality the reverse occurs. In modern times the doctrine of freedom of contract has been abused by parties in economically stronger bargaining positions. The helpless consumer versus the gigantic manufacturers. The theoritical basis of our Contracts Act 1950 (revised 1974) that contracts are made by personal choice by'individuals who reach a consensus, has become unreal. Laissez-faire economies and their corresponding philosophic and political theories of liberalism no longer holds way. Individual freedom at times needs to be restricted in order to ensure social and economic justice, and the writer feels that the state should step in certain areas to ensure fair bargains and disallow standard agreement which incorporates compre hensively worded exemption clauses which are a blatant misuse of the powers allowed by the doctrine o f freedom of contract.