1097
© 2018 AESS Publications. All Rights Reserved.
CONSUMER PROTECTION ON UNFAIR CONTRACT TERMS: LEGAL
ANALYSIS OF EXEMPTION CLAUSES IN B2C TRANSACTIONS IN
MALAYSIA
Farhah Abdullah
1+
Sakina Shaik Ahmad
Yusoff
2
1
Faculty of Law, Universiti Teknologi MARA, Shah Alam Selangor,
Malaysia
2
Faculty of Law, University Kebangsaan Malaysia, Malaysia
(+ Corresponding author)
ABSTRACT
Article History
Received: 19 July 2018
Revised: 29 August 2018
Accepted: 2 October 2018
Published: 9 November 2018
Keywords
Contract law
Consumer protection law
Unfair terms
Exclusion clauses.
Globally as part of the economy, the widespread current practice of recent massive
standardized large-scale contracts has expanded the oppression of consumers.
Consumer interests and rights have become abused due to exemption clauses in these
contracts that include terms that are unfair. These additions reveal an increase in
consumer rights and interests having been abused. Corporate accountability and
integrity in the field of consumer protection should be reviewed. This study illustrates
that the development of exemption clauses has assisted in market failure and consumer
rights have become abnegated. The research has been carried out through the
application of content analysis methodology mainly centered around the review of the
literature. It also examines consumer contract exemption clauses from their legal
position in selected countries including Malaysia. A valuable tool to ensure corporate
accountability and integrity is the application of legal methods. Using these should
assist in rectifying market imperfection. This paper aims to show an approach to
exemption clauses through the Malaysian judiciary. A solution is also proposed using
legislation that echoes similar developments in other countries such as in United
Kingdom, which should assist to address this area of the law by balancing the rights of
consumers and corporate bodies in Malaysia. These suggestions will go hand in hand
with the increase in paternalism, and the objectives of achieving sustainable
development through corporate accountability and integrity.
Contribution/ Originality: This study contributes to the existing literature on unfair contract terms. It adds
to the debate on regulating exemption clauses in B2C transactions in Malaysia in terms of the legal analysis of
legislations and case-laws.
1. INTRODUCTION
A different dimension in the body of consumer protection law has been introduced through the idea of
corporate accountability and integrity. This concept accords with one of the primary worldwide aims of legislation
to protect consumers; using social justice and equity. Corporate responsibility (CR) redirects the main corporate
objectives away from simply „profit‟ to a concept of „people, planet and profits‟. CSR is not philanthropy,
contributing gifts from profits, but involves the exercise of social responsibility in how profit are made (Doreen,
2007).
International Journal of Asian Social Science
ISSN(e): 2224-4441
ISSN(p): 2226-5139
DOI: 10.18488/journal.1.2018.812.1097.1106
Vol. 8, No. 12, 1097-1106
© 2018 AESS Publications. All Rights Reserved.
URL: www.aessweb.com