Saturday, June 26, 2010
Background of Electronic contract in Malaysia
The provisions of the Contracts Act 1950 (Malaysia) were taken from the Contract Act 1872 (India) which was in line with common law in the UK. The Contracts Act was amended in 1974 and its provisions are more or less similar to the applicable contract laws in the UK. The sources of contract law in Malaysia are the Contracts Act 1950, the Sale of Goods Act 1957, English common law, rules of equity, English commercial law in general and decisions of Malaysian courts. The decisions of English courts relating to contractual issues are persuasive in Malaysia if not contrary to the provisions of the Contracts Act 1950. English common law, rules of equity and commercial law in general are applicable in Malaysia under sections 3 and 5 of the Civil Law Act 1956 (Malaysia) so far as they are suitable for the local circumstances of Malaysia
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