The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws

One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would gr...

Full description

Bibliographic Details
Main Author: Noor Inayah Yaakub
Format: Article
Published: Fakulti Undang - Undang 2005
_version_ 1796927394678833152
author Noor Inayah Yaakub,
author_facet Noor Inayah Yaakub,
author_sort Noor Inayah Yaakub,
collection UKM
description One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would grant relief to a claimant not on the sole ground of undue influence but also on the proof of unconscionability. The main aim of this paper is to explain what is the actual basis in Malaysia for setting aside a bank-lending transaction entered into by undue influence
first_indexed 2024-03-06T03:43:35Z
format Article
id ukm.eprints-1672
institution Universiti Kebangsaan Malaysia
last_indexed 2024-03-06T03:43:35Z
publishDate 2005
publisher Fakulti Undang - Undang
record_format dspace
spelling ukm.eprints-16722019-05-14T04:43:57Z http://journalarticle.ukm.my/1672/ The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws Noor Inayah Yaakub, One of the grey areas of law with regards to the law of undue influence in a three-party situation in Malaysia is its basis for setting aside a transaction. Since the word ‘unconscionable’ is not defined in the Contracts Act 1950, it is unclear from this subsection whether Malaysian courts would grant relief to a claimant not on the sole ground of undue influence but also on the proof of unconscionability. The main aim of this paper is to explain what is the actual basis in Malaysia for setting aside a bank-lending transaction entered into by undue influence Fakulti Undang - Undang 2005 Article PeerReviewed Noor Inayah Yaakub, (2005) The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws. Jurnal Undang-undang, 9 . ISSN 1394-7729 http://ejournal.ukm.my/juum
spellingShingle Noor Inayah Yaakub,
The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_full The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_fullStr The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_full_unstemmed The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_short The basis for setting aside a three-party bank-lending transaction entered into by ‘Undue Influence’ under Section 16 of the Malaysia Contracts Act 1950: A grey area of laws
title_sort basis for setting aside a three party bank lending transaction entered into by undue influence under section 16 of the malaysia contracts act 1950 a grey area of laws
work_keys_str_mv AT noorinayahyaakub thebasisforsettingasideathreepartybanklendingtransactionenteredintobyundueinfluenceundersection16ofthemalaysiacontractsact1950agreyareaoflaws
AT noorinayahyaakub basisforsettingasideathreepartybanklendingtransactionenteredintobyundueinfluenceundersection16ofthemalaysiacontractsact1950agreyareaoflaws