Open AccessTHE LEGISLATION OF MISREPRESENTATION: AN ANALYSIS OF MALAYSIAN APPROACHES
Author(s) -
Norhoneydayatie Abdul Manap,
Mat Noor Mat Zain,
Suzanna Mohamed Isa
Publication year - 2020
Publication title -
international journal of law, government and communication
Language(s) - English
Resource type - Journals
ISSN - 0128-1763
DOI - 10.35631/ijlgc.521006
Subject(s) - misrepresentation , statute , legislation , business , law , law and economics , political science , economics
Misrepresentation is one of the causes of the defect of the contractor's willingness to enter into a contract. Misrepresentation is a common law principle that has been applied in commonwealth countries including Malaysia. Therefore, this study was made to analyze the misrepresentation legislation that applies in Malaysia. This study is a qualitative study using content analysis design that will analyze the legal provisions found in the legislation in Malaysia. The results of the study found that there are several statutes governing misrepresentation in contracts in Malaysia, however, most statutes are specific to certain contracts. Therefore, misrepresentation is still governed by the Contracts Act 1950 if it is not bound by any other statute. However, the misrepresentation provisions in the Contracts Act 1950 still need to be improved to ensure that misrepresentation legislation can be properly controlled.