Suchergebnisse

Consumers faced with contract do not know what 'small print' contains or understand its effect. Exclusion clauses may deprive a consumer of specific rights in which he deserves protection. The Consumer Protection Act 1999 in Malaysia, allows the consumers to identify between procedural unfairness and substantive unfairness. However, the Consumer Protection Act 1999 does not adequately protect the consumer. By applying the content analysis research method, this paper reviews the legislative and judicial intervention on unfair terms in consumer contracts. This article advocates that Malaysia should establish a specific framework on consumer law protection against unfair terms in consumer contracts.
Keywords: Exclusion clauses; unfair terms; consumer contracts; judicial-legislative intervention
eISSN 2514-7528 © 2019. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.DOI: https://doi.org/10.21834/jabs.v4i13.334

Abstract
National education in Malaysia is governed by the Education Act 1996 (EA 1996) (Act 550). At present, the subject of criminal law is not part of the Malaysian national secondary school curriculum. The lack of it has resulted in students being unable to get adequate and necessary exposure as well as understanding of the subject. It certainly does not coincide with the grim reality that crimes committed by school children are on the rise in Malaysia. This research is qualitative in nature, using a pure legal approach. This research adopted a content analysis method consisting of a detailed analysis of the Education Act 1996 (EA 1996) (Act 550), the Penal Code (Act 574) and the Child Act 2001 (CA 2001) (Act 611). In addition, this research also analyzed various journals and academic research in this area to discuss the importance of teaching criminal law as a subject in schools. The paper concludes that instead of introducing this subject at post-secondary education level, the subject should be considered to be taught earlier in secondary school. Early exposure to the criminal law subject would enable school children to be adequately informed on how the criminal justice system works and its relevant principles and values. This would in consequence create awareness and promote good values for students at a young age, namely the values of respect and adherence to the law which would help them to refrain from committing crimes.