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29. 6. 2016.
The Inequality of Bargaining Power: Does Malaysia Need this Doctrine?
The article seeks to explore the status of the inequality of bargaining power doctrine under Malaysian law. A careful examination of the Malaysian judicial decisions on the doctrine seems to suggest that Malaysian courts have adopted the English doctrine of inequality of bargaining power, albeit in a somewhat different form. The article argues that the judicial reception of inequality of bargaining power is a welcome development but more needs to be done to ensure that the doctrine is either legislated into the Malaysian Contracts Act 1950 or, alternatively, adopted into Malaysian Common Law pursuant to the Malaysian Civil Law Act 1956.