Consumer Protection Act Malaysia Unfair Contract Terms

The considerations are mostly the same between the soon to be part iiia of the consumer protection act 1999 of malaysia and clause 14 4 of the unfair contract terms bill 2005 of the united kingdom and again the latter does not contain needless distinction between what is substantively and what is procedurally unfair.

Consumer protection act malaysia unfair contract terms. Remember our series of articles on unfair contract terms well it now seems that the malaysian parliament is set to finally come up with a law addressing the issue in the upcoming consumer protection amendment bill 2010. The contracts act 1950 is silent on unfair contract terms. This article argues that the addition of part iiia is a welcome move towards greater consumer protection in malaysia but that the situation on the ground is still far from perfect. There was some advance when the consumer protection act 1999 cpa was passed but it too had many loopholes and failed to address the.

Hence when the consumer protection act came into effect in malaysia on 15 november 1999 it was commonly expected that there would be wide spread provisions regarding unfair contract terms 6 however the act has not successfully tackled the issue of unfair contract terms in consumer contracts as. 15 november 1999 p u. Part iiia of the cpa defines unfair contract terms as an imbalance of rights between consumers and businesses. The malaysian consumer protection act 1999 cpa was amended in 2010 by the consumer protection amendment act 2010 which inserted into the act part iiia entitled unfair contract terms.

Laws of malaysia act 599 consumer protection act 1999 an act to provide for the protection of consumers the establishment of the national consumer advisory council and the tribunal for consumer claims and for matters connected therewith. Consumer protection in its report in 1993 suggested that legislation along the lines of the united kingdom uk unfair contract terms act 1977 should be introduced in malaysia 2 the proposal is basically founded on the argument that the contract law is inadequate to protect consumers who lack bargaining power against. Malaysia does not have a separate legislation on unfair contract terms but the consumer protection act 1999 cpa includes provisions dealing with aspects of unfair contract terms. The malaysian consumer protection act 1999 cpa was amended in 2010 by the consumer protection amendment act 2010 which inserted into the act part iiia entitled unfair contract terms.