Jurnal Ilmiah Peuradeun
Vol. 9 No. 3 (2021): Jurnal Ilmiah Peuradeun

Legal Theory and Raison D’etre Behind the Use Of Unfair Contract Terms

Razak, Farihana Abdul (Unknown)
Abd Ghadas, Zuhairah Ariff (Unknown)
Ghapa, Norhasliza (Unknown)



Article Info

Publish Date
30 Sep 2021

Abstract

This article discussed unfair contract terms, explores the relevant legal theories that underpin the use of unfair contract terms and examines the raison d’etre for using unfair terms in a contract. The qualitative and doctrinal legal research methods were used in this study. Data were obtained through documentation techniques, which included examining and analyzing several journals, books, and other related documents. Based on library research and content analysis of primary and secondary data sources, the findings indicated that the theory put forward by legal philosophers is to ensure that law and society can be balanced. The use of standard form contracts increases the implementation of unfair contract terms; nonetheless, this study found there is raison d’etre in using unfair terms, particularly in the event of safety, security, government regulatory, operational, and health concerns. Therefore, it is hoped that the study will contribute to a knowledge of contract law.

Copyrights © 2021






Journal Info

Abbrev

jipeuradeun

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmiah Peuradeun (JIP), the International Journal of Social Sciences, is a leading peer-reviewed and open-access journal, which publishes scholarly work, and specializes in the Social Sciences, consolidates fundamental and applied research activities with a very wide-ranging coverage. This ...