Contract Law in Malaysia, 2nd Edition | 2025

Description

Contracts and agreements are foundational to all spheres of society. The law has developed over the years to regulate and provide certainty in contractual transactions. In Malaysia, the principal applicable statute—the Contracts Act 1950—has largely remained as it was originally enacted, with only minor amendments. However, a significant body of case law exists which has applied and interpreted the statutory provisions to develop Malaysian contract law.

This book provides a comprehensive exposition of contract law through the lens of the Contracts Act 1950. This new edition captures the major developments in the law over the last 15 years since the publication of its first edition. During that period, Malaysian contract law has grown exponentially, particularly in recent years when the appellate courts have had the opportunity to consider and apply international developments emanating from the English courts and the courts of other Commonwealth jurisdictions.

In response to the growth of the corpus of contract law, this new edition has expanded the coverage and scope of each chapter. New parts have been introduced and existing chapters have been revised. The copious number of cases from 2010 onward have been updated, and related articles have been inserted in the relevant topics. Significant decisions of the Federal Court are discussed to provide clarity on the present position of Malaysian contract law.

This new edition provides a contemporary contract law text that is accessible to practitioners, legal and judicial officers, academics, and students.

Key Features:
• Gives a full understanding of contract law from its foundations in English law to the latest developments in the Malaysian Contracts Act 1950.
• Presents the law through a unique overarching structure of general concepts, concrete effects, and available remedies across all topics.
• Covers the complete “life cycle” of contract law: formation, terms, voidable contracts, void agreements, discharge of contracts, and remedies.
• Updates case law developments from the Malaysian courts and the courts of Commonwealth jurisdictions, in particular the United Kingdom and Australia.
• Suitable for legal professionals seeking the latest developments and law students studying contract law.

Table of Contents:
1. Contract Law in Malaysia
2. Offer
3. Acceptance
4. Consideration
5. Intention to Create Legal Relations
6. Capacity
7. Privity of Contract
8. Express Terms and Interpretation of Terms
9. Implied Terms
10. Exclusion Clauses and Unfair Contract Terms
11. Meaning, Effects of, and Relief for Voidable Contracts
12. Coercion
13. Undue Influence
14. Fraud and Misrepresentation
15. Meaning, Effects of, and Relief for Void Agreements
16. Unlawful Consideration or Object and Restraint of Trade
17. Mistake
18. Frustration
19. Performance
20. Breach of Contract
21. Rescission and Termination
22. Damages
23. Specific Performance
24. Injunctions

About the Authors: