People have been directly selling and purchasing products and services in the past, but with the rapid development of technology nowadays, people prefer online transaction because it easy, fast and efficient. Online business platforms are becoming increasingly relevant for the sale and purchase of goods and services. The seller can earn a profit, and the buyer can easily find something they wanted to purchase. Standard form contracts are usually used to legalize transactions. Before the payment and execution of the agreement, customers must agree and consent to all the standard terms. The implementation of online contracts has resulted in the increasing use of unfair contract terms in standard form contracts in the commercial industry. This paper aims to study the standard form contracts in online business and to discuss the unfair contract terms in online standard form contracts. The approach of this study is purely qualitative where it is based on a library research and involving conceptual discussion and legal analysis. Therefore, it is hoped this article provides valuable knowledge concerning standard form contracts, online business and unfair contract terms.
A tenancy agreement is normally created between a landlord and a tenant. It can be oral or in writing. When the parties agree with the terms and conditions in a tenancy agreement, they have to enforce their promises. Problems would arise if a tenant is a student and they are not ready to carry the commitment as a tenant. Other than that, as a 'pampered' child and a first timer dealing with a contract, they would just sign the tenancy agreement without reading the terms and conditions. Perhaps they ignored contractual obligations because they are unaware of and reluctant to understand the implications of dealing with a contract. This usually occurs when the students need off-campus accommodations during their studies. The scenario gets worse if there is a limited number of off-campus accommodations and students immediately agree to pay the deposit and sign the tenancy agreement. Some of them simply agree without first inspecting the accommodation. The question thus arises whether a student (tenant) is ready for the contractual obligations and understands the consequences of breach of contract. The objectives of this paper are to explain the contractual obligations of a landlord and a tenant; to discuss the elements of a valid contract in Malaysia, and to provide non-law students with an understanding of enforcing promises in a tenancy agreement, especially after two years of studying at home due to the Covid-19 outbreak. This study believes that it is a perfect time to enlighten and educate the target audience about the agreement, contract, and implications, particularly for first-time students experiencing staying in off-campus accommodation. Therefore, it is hoped this article provides valuable knowledge, particularly to landlords and tenants, as one of the educator's responsibilities is to share knowledge with others around them.
With the recent emergence of globalisation, many people including Malaysians are widely using the online platform to conduct online transactions known as e-commerce. E-commerce did not require the sale and purchase transaction to be done face-to-face, in fact, by having an Internet connection, the contractual parties are then able to transact. The increase in the online sale and purchase transactions are in line with the increase in the numbers of internet users day-by-day. The objective of this research is to refine further and discuss the concept of e-commerce from the perspective of online contract and online sale and purchase transaction. This research is done using a qualitative measure through literature review and descriptive method whereby the highlights of previous studies involving e-commerce and e-contract are thoroughly discussed. The research outcome portrays a vast evolution of e-commerce from when it was first introduced causing e-contract to be widely used. Thus, it can be said that a contract made online or e-contract is valid under the law of Malaysia so long as it doesn’t contravene with the existing laws.
Introduction to Commercial Law, LAW 240 is a compulsory law subject that must be taken by students from the Faculty of Accountancy at UiTM Perak Branch, Tapah Campus with the aim of exposing students to the basic concepts of law and overview of commercial law in Malaysia. Online Distance Learning (ODL) was implemented starting from the semester of March 2020 until October 2021 due to the Covid-19 pandemic. This change in the mode of delivery of lecture has been going on for four semesters. Therefore, whether the ODL will be continued for the semester March 2022 vice versa is depending on the Covid-19 pandemic graph and the Malaysian Ministry of Higher Education. The objective of this study is to clarify and discuss the perceptions of non-law students from the Faculty of Accountancy UiTM Perak Branch, Tapah Campus on ODL for the subject of Commercial Law. This study employs qualitative methods through library and descriptive research. Data were obtained through Google Forms because students use digital platforms for ODL due to the current situation of the pandemic. The findings of this study show that ODL doesn’t burden non-law students as than before at the beginning of their online learning.
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