Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation

The Contracts Act 1950 (Malaysia) is an old statute which basically provides postal rule to govern the formation of a contact made by sending letters through post office. It is silent about the emerging new issues on the Internet contracts. When technology advances the law lags behind. So, the...

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Main Author:	Md. Abdul Jalil
Format:	Article
Published:	Fakulti Undang - Undang 2003
Online Access:	http://journalarticle.ukm.my/1659/ http://journalarticle.ukm.my/1659/

id	ukm-1659
recordtype	eprints
spelling	ukm-16592019-05-14T04:43:57Z http://journalarticle.ukm.my/1659/ Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation Md. Abdul Jalil, The Contracts Act 1950 (Malaysia) is an old statute which basically provides postal rule to govern the formation of a contact made by sending letters through post office. It is silent about the emerging new issues on the Internet contracts. When technology advances the law lags behind. So, the old laws are usually modified to adapt to the new environment. At present time electronic commerce is expanding very rapidly everywhere on the globe including Malaysia. Millions of customers are buying goods and services on the Internet. As a result volumes of contracts are made on the Internet. Some of the disputes which are now arising out of the online contracts are new and the existing contract laws in Malaysia are unable to solve those problems, such as the validity of using data message to form a contract, the requirement of writing and signature on paper for certain contracts, time of dispatch and receipt of data message, time when an electronic acceptance is effective, whether postal rule or receipt rule will be applicable on the Internet contract and so forth. This article analysis the above issues with reference to the Malaysian contract law, UNCITRAL Model Law on Electronic Commerce and Electronic Transactions Act 2000 (Singapore) Fakulti Undang - Undang 2003 Article PeerReviewed Md. Abdul Jalil, (2003) Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation. Jurnal Undang-undang, 7 . ISSN 1394-7729 http://ejournal.ukm.my/juum
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
description	The Contracts Act 1950 (Malaysia) is an old statute which basically provides postal rule to govern the formation of a contact made by sending letters through post office. It is silent about the emerging new issues on the Internet contracts. When technology advances the law lags behind. So, the old laws are usually modified to adapt to the new environment. At present time electronic commerce is expanding very rapidly everywhere on the globe including Malaysia. Millions of customers are buying goods and services on the Internet. As a result volumes of contracts are made on the Internet. Some of the disputes which are now arising out of the online contracts are new and the existing contract laws in Malaysia are unable to solve those problems, such as the validity of using data message to form a contract, the requirement of writing and signature on paper for certain contracts, time of dispatch and receipt of data message, time when an electronic acceptance is effective, whether postal rule or receipt rule will be applicable on the Internet contract and so forth. This article analysis the above issues with reference to the Malaysian contract law, UNCITRAL Model Law on Electronic Commerce and Electronic Transactions Act 2000 (Singapore)
format	Article
author	Md. Abdul Jalil,
spellingShingle	Md. Abdul Jalil, Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
author_facet	Md. Abdul Jalil,
author_sort	Md. Abdul Jalil,
title	Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
title_short	Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
title_full	Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
title_fullStr	Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
title_full_unstemmed	Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation
title_sort	is the contracts act 1950 (malaysia) suitable on the internet : a critical evaluation
publisher	Fakulti Undang - Undang
publishDate	2003
url	http://journalarticle.ukm.my/1659/ http://journalarticle.ukm.my/1659/
first_indexed	2023-09-18T19:33:58Z
last_indexed	2023-09-18T19:33:58Z
_version_	1777405147196948480

Is the Contracts Act 1950 (Malaysia) suitable on the internet : a critical evaluation

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