Contractual justice in Asean: a comparative view of coercion
The European legal system which provided Indonesia, Thailand and partly Philippines with much of their ground rules in contract has witnessed a new and rapidly increasing awareness of the need for justice in contract. Hence, countries sharing the same European legal tradition are well placed to emb...
| Main Author: | |
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| Format: | Inaugural Lecture |
| Language: | English |
| Published: |
2002
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| Online Access: | http://psasir.upm.edu.my/id/eprint/1109/1/LG_173_S45_S981_no.59.pdf |
| _version_ | 1796966035168952320 |
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| author | Shaik Mohd. Hussain, Shaik Md. Noor Alam |
| author_facet | Shaik Mohd. Hussain, Shaik Md. Noor Alam |
| author_sort | Shaik Mohd. Hussain, Shaik Md. Noor Alam |
| collection | UPM |
| description | The European legal system which provided Indonesia, Thailand and partly Philippines with much of their ground rules in contract has witnessed a new and rapidly increasing
awareness of the need for justice in contract. Hence, countries sharing the same European legal tradition are well placed to embark on a similar path towards contractual justice. British legal tradition, of which Malaysia is a part, places an undue and unfortunately illusory emphasis on freedom of contract. Free and voluntary consent must be looked at as a mechanism to achieve contractual justice not contractual freedom. An examination of coercion in several ASEAN jurisdictions will reveal the need for this distinction .
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| first_indexed | 2024-03-06T06:54:22Z |
| format | Inaugural Lecture |
| id | upm.eprints-1109 |
| institution | Universiti Putra Malaysia |
| language | English |
| last_indexed | 2024-03-06T06:54:22Z |
| publishDate | 2002 |
| record_format | dspace |
| spelling | upm.eprints-11092016-01-22T08:33:08Z http://psasir.upm.edu.my/id/eprint/1109/ Contractual justice in Asean: a comparative view of coercion Shaik Mohd. Hussain, Shaik Md. Noor Alam The European legal system which provided Indonesia, Thailand and partly Philippines with much of their ground rules in contract has witnessed a new and rapidly increasing awareness of the need for justice in contract. Hence, countries sharing the same European legal tradition are well placed to embark on a similar path towards contractual justice. British legal tradition, of which Malaysia is a part, places an undue and unfortunately illusory emphasis on freedom of contract. Free and voluntary consent must be looked at as a mechanism to achieve contractual justice not contractual freedom. An examination of coercion in several ASEAN jurisdictions will reveal the need for this distinction . 2002-10-31 Inaugural Lecture NonPeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/1109/1/LG_173_S45_S981_no.59.pdf Shaik Mohd. Hussain, Shaik Md. Noor Alam (2002) Contractual justice in Asean: a comparative view of coercion. [Inaugural Lecture] |
| spellingShingle | Shaik Mohd. Hussain, Shaik Md. Noor Alam Contractual justice in Asean: a comparative view of coercion |
| title | Contractual justice in Asean: a comparative view of coercion |
| title_full | Contractual justice in Asean: a comparative view of coercion |
| title_fullStr | Contractual justice in Asean: a comparative view of coercion |
| title_full_unstemmed | Contractual justice in Asean: a comparative view of coercion |
| title_short | Contractual justice in Asean: a comparative view of coercion |
| title_sort | contractual justice in asean a comparative view of coercion |
| url | http://psasir.upm.edu.my/id/eprint/1109/1/LG_173_S45_S981_no.59.pdf |
| work_keys_str_mv | AT shaikmohdhussainshaikmdnooralam contractualjusticeinaseanacomparativeviewofcoercion |