Pengurusan Kontrak Melalui Teori Remedi
Management of Contract through Theories of Remedy

Fakulti Undang-undang
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor, MALAYSIA.

tzechin81@yahoo.com

Fakulti Undang-undang
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor, MALAYSIA.

kinasay@ukm.edu.my

Abstract

Management of contract based on contract law is bound by the contents of the contract in providing protection to the contracting parties. Parties to the contract merely relied on the contents of the contract to fulfil their obligations as agreed. The problem arises when there is a breach of contract. The contracting parties are bound by what they have agreed in order to claim damages although contract law does provide remedies for breach of contract. However, the aggrieved party will not often get the remedies as desired. Consequently, remedies have therefore fail to function in protecting the interest of the aggrieved party. The empirical analysis in this article shows that contract law is not a champion for consumers’ choice of remedies. Hence, this article adopts the pure doctrinal method, using historical, jurisprudential and analytical and critical approaches in analysing the management of contract through theories of remedy to ensure protection of remedial rights among the contracting parties. This article focuses on theories of remedy in providing remedial rights to the contracting parties.

Keywords

Contract law; management; redress; remedies; rights
https://doi.org/10.17576/pengurusan-2017-50-07

Citation

Ong, T. C., & Shaik Ahmad Yusoff, S. (2017). Pengurusan Kontrak Melalui Teori Remedi. Jurnal Pengurusan, 51, 79–86. https://doi.org/10.17576/pengurusan-2017-50-07

@article{ong2017pengurusan,
  title={Pengurusan Kontrak Melalui Teori Remedi},
  author={Ong, Tze Chin and Shaik Ahmad Yusoff, Sakina},
  journal={Jurnal Pengurusan},
 

volume={51},
  number={},
  pages={79—86},
  year={2017},
  doi={https://doi.org/10.17576/pengurusan-2017-50-07},
  publisher={Penerbit UKM},
}

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51 (2017) 79 – 86

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