Undang-undang Kontrak Malaysia: Keterbatasan Pemakaian dalam Kontrak Pengguna

The rapid expansion of the global economy has brought benefit to consumers with the extension of market for goods and services which in turn empowers consumers’ right of choice based upon needs and purchasing power. Even though this phenomenon appears to be in alignment with Adam Smith’s contention that the sole end and purpose of all production is consumption, this scenario may have unwittingly created uncertainty in the level of consumer protection in their contractual undertakings. In Malaysia, contractual relations are governed by a statute of general application, the Contracts Act 1950. This writing will delve into the level of protection afforded by this Act in the context of consumerism by critically analysing the position of a consumer in a standard form contract and under the doctrine of privity by referring to primary and secondary legal sources. At the end of the analysis, some suggestions are made to help solve the identified drawbacks of the statute.