Consumer Protection Act 1999 Exclusion Clause

B 415 1999 be it enacted by the parliament of malaysia as follows.

Consumer protection act 1999 exclusion clause. The said act provides protection against exclusion and limitation clauses by the applying the test of general substantive unfairness in section 24d. Consumer protection act 1999. Section 3 defines consumer. 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.

Compared to the u c t a the u t c c r uses a much narrower definition of consumer. The malaysian federal court weighs in. The aim of this paper is to explore the adequacy of contract law common law and the consumer protection act 1999 cpa as the tools of consumer protection in dealing with exclusion clauses. The unfair terms in consumer contracts regulations 1999 as stated above only deal with contracts constructed with consumers but not only apply to exclusion clauses but to most terms in those contracts.

As discussed in our previous post exclusion clauses are enforceable in general no matter how wide they appear to the courts provided that. The aim of this paper is to explore the adequacy of contract law common law and the consumer protection act 1999 cpa as the tools of consumer protection in dealing with exclusion clauses. The underlying philosophy is that consumers are free to enter into contracts and therefore must take care of their own interests. If the words used are clear enough you can exclude liability for negligence misrepresentation issues relating to quality and fitness for purpose among other things plus types of loss within a category such as excluding liability for consequential losses.

The appeal to federal court was heard on the 3rd of january 2018. The clause unambiguously shows that parties intended to limit certain liabilities. Clause that excludes or restricts liability for negligence. As we mentioned above the unfair contract terms in malaysia are regulated by part iiia titled unfair contract terms in consumer protection act 199912 hereinafter known as cpa 1999 which contains sections 24a to 24j to address the issue whereby seek by businesses via standard form contracts limiting their liability when they arise or to impose on consumers terms excluding and other terms which generally considered unfair.

The aim of this paper is to explore the adequacy of contract law common law and the consumer protection act 1999 cpa as the tools of consumer protection in dealing with exclusion clauses.