Contract Law In Malaysia by Ashgar Ali Ali Mohamed | 2024

Contract Law In Malaysia by Ashgar Ali Ali Mohamed | 2024

Author	Ashgar Ali Ali Mohamed & Muhamad Hassan Ahmad
Publication Date	2024
ISBN	9789674571993
Format	Softcover (912 pages)
Publisher	CLJ Publication

 

A contract is a legally binding agreement between parties that establishes legal rights and obligations. In Malaysia, the primary law governing contractual matters is the Contracts Act 1950. The book Contract Law in Malaysia, which consists of 41 chapters, offers a thorough and scholarly examination of Malaysian contract law, with contributions from experts in their respective fields. Unlike many existing publications on the subject, both local and international, this book is a comprehensive, standalone work. It explores the evolution of contract law, the requirements for a legally enforceable contract, factors that can invalidate a contract, the rights and responsibilities of contracting parties, the termination of contracts, and remedies for breaches. It also covers specific types of contracts such as electronic and smart contracts, employment contracts, construction contracts, sale of goods contracts, and insurance contracts. Additionally, it includes discussions on contract interpretation, construction contracts, and perspectives from international and Islamic law. This book serves as a valuable reference for students and the general public interested in deepening their understanding of the key concepts of Malaysian contract law.

Table of Contents Contract Law In Malaysia:

Preface

Foreword

Contributors

Table of Cases

Table of Legislation

Chapter 1: Law of Contract: A Development Overview

Chapter 2: Offer (Proposal)

Chapter 3: Invitation to Threat

Chapter 4: Acceptance

Chapter 5: Intention to Create Legal Relations

Chapter 6: Consideration

Chapter 7: Capacity

Chapter 8: Privity of Contract

Chapter 9: Coercion

Chapter 10: Undue Influence

Chapter 11: Fraud

Chapter 12: Misrepresentation

Chapter 13: Mistake

Chapter 14: Illegality and Void Contract

Chapter 15: Restraint of Marriage, Trade and Legal Proceedings

Chapter 16: Contents of a Contract: Express Terms and Implied Terms

Chapter 17: Exclusionary Clause and Unfair Contract Terms

Chapter 18: Interpretations of Contracts

Chapter 19: Discharge by Performance

Chapter 20: Discharge by Agreement

Chapter 21: Discharge by Impossibility of Performance

Chapter 22: Discharge by Breach

Chapter 23: Remedies For Breach of Contract: Damages and the Assessment

Chapter 24: Specific Performance

Chapter 25: Restitution and Unjust Enrichment

Chapter 26: Rectification

Chapter 27: Rescission, Cancellation and Election

Chapter 28: Estoppel in Law of Contract

Chapter 29: Injunctions

Chapter 30: Limitation of Action in Contractual Disputes

Chapter 31: Private International Law in Contractual Disputes

Chapter 32: Alternative Dispute Resolution in Contractual Disputes

Chapter 33: Electronic and Smart Contract

Chapter 34: Contract of Sale of Goods

Chapter 35: Employment Contract

Chapter 36: Construction Contract

Chapter 37: Insurance Contract

Chapter 38: Law of Contract in Islam

Chapter 39: Treaties and International Agreements

Chapter 40: Contracts in Public International Law

Chapter 41: Parol Evidence Rule in Contract Law

Index

About The General Editors:

*Dato’ Sri Dr. Ashgar Ali Ali Mohamed* is a Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He holds a Bachelor of Laws (LLB (Hons)) and a Master of Comparative Laws (MCL) from IIUM, a Master of Laws (LLM (Hons)) from the University of Auckland, New Zealand, and a PhD from the Graduate School of Management, University Putra Malaysia. Admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1992, his expertise lies in Employment Law, Civil Litigation, and Alternative Dispute Resolution. He has authored several books and published numerous articles in both local and international journals. Additionally, he has presented papers on his areas of expertise at various international and local conferences.

*Dr. Muhamad Hassan Ahmad* is an Assistant Professor in the Civil Law Department at the Ahmad Ibrahim Kulliyyah of Laws, IIUM. He served as an “External Examiner” for the “Master of Laws (LLM) (International Business and Trade Law)” program at Taylor’s Law School, Taylor’s University, from 2018 to 2022, which is ranked as the Top 1 Private University in Southeast Asia in the QS World University Rankings. He was also an “Adjunct Lecturer” for the “Master of Laws (LLM) (International Law)” program at the Faculty of Shariah and Law, Universiti Islam Sultan Sharif Ali (UNISSA), Brunei, and a “Visiting Fellow” at the College of Asia & the Pacific, Australian National University (ANU). He holds a Bachelor of Laws (LLB (Hons)), a Master of Comparative Laws (MCL), and a PhD from IIUM. His research interests include Public International Law, Private International Law, Alternative Dispute Resolution, Comparative Law, Jurisprudence, and Online Legal Education. He serves as the Editor-in-Chief of the *Journal of Islamic Law Review*, indexed in the “Index to Foreign Legal Periodicals (IFLP)” by the American Association of Law Libraries at the University of California, Berkeley, School of Law. Dr. Muhamad Hassan has published numerous research books, textbooks, and articles in academic journals, and has presented research papers at various academic conferences and symposiums, in addition to participating in many public forums.