ORCID Profile
0000-0001-6781-0321
Current Organisations
Universiti Malaya
,
University of Sydney
Does something not look right? The information on this page has been harvested from data sources that may not be up to date. We continue to work with information providers to improve coverage and quality. To report an issue, use the Feedback Form.
Publisher: Ovid Technologies (Wolters Kluwer Health)
Date: 03-2016
Publisher: Penerbit UTHM
Date: 22-01-2029
DOI: 10.30880/IJSCET.2023.14.02.009
Abstract: The good faith principle requires contracting parties to be honest as well as consideringtheir contracting partners in performing their contractual duties. In the event, contract clauses are insufficient to protect the interests of the innocent party in a breached contract, the said innocent party may rely on the good faith principle to ensure the fair. However, applying good faith principles to construction contracts is a difficult task. By nature, construction contracts are unique due to the fact that parties (Client and Contractor) are presumed competent to carry out their parts of the contractual obligations. Controversially, the construction contract is often unfairly prejudicial as the Client would customarily have the upper hand in deciding the terms and conditions of a contract. It is the objective of the research to examine the relevancy of application of good faith principle in construction contractsby employingqualitative content analysis. This study adopts a qualitative research approach, mainly employing library and internet resources with the intention to explore relevant legislation, textbooks, journals, research papers and articles.The comparative approach in this paper used content analysis from primary and secondary legal resources of different jurisdictions in the United Kingdom, Malaysia and Australia to compare the application of the good faith principle in the context of construction contracts. The findings of the research revealsthat the adoption and application of the good faith principle in construction contracts is of limited usage even though it is widely usedin general contract law of United Kingdom, Malaysia and Australia.This article contributes to the knowledge of the good faith principle in construction contracts, particularly with standard form contracts, by highlighting the importance of the good faith principle in achieving a fairer functioning of construction contracts in its application.
Publisher: UUM Press, Universiti Utara Malaysia
Date: 2023
DOI: 10.32890/UUMJLS2023.14.1.6
Abstract: Many parties face difficulties in performing contracts due to the economic dislocation since the outbreak of COVID-19. The extraordinary nature of this pandemic situation calls for good faith in contractual settings. The discussion of this paper focuses on the imposition in a force majeure event which will cause many contracts to be unenforceable. The research method used doctrinal analysis to discuss the force majeure clause in the context of the COVID-19 pandemic and the obligation of good faith in contracts. This paper will discuss the COVID-19 pandemic as a force majeure event, arguing that the rise of "good faith" in contract law and the application of "good faith" in contracts as a mitigation for a force majeure event. The paper will then present its conclusion and recommendations. The findings highlight the significance of applying "good faith" in the event of force majeure and beyond as a mitigating factor in alleviating uncertainty and unfairness.
Publisher: Springer Singapore
Date: 2020
Publisher: Elsevier BV
Date: 10-2023
Publisher: Universiti Putra Malaysia
Date: 17-05-2021
Abstract: The world is undergoing a digital transformation where everyday connections are done among people, businesses, data, and processes online. The digitalisation is taking shape and undermining conventional notions about how businesses are structured, how firms interact and how consumers obtain services, information, and goods. Issues of piracy and infringement of IPRs raise concerns surrounding the enforcement of legal measures for (IPRs) protection. The paper seeks to explore the challenges of IPRs protection towards the world of digitalisation. This research utilities secondary data and semi-structured interview with government officials who are directly involved in the IPRs. The findings reveal that the challenges dwell in the issues of the rise of technology which requires advanced technology to cope with it, the lack of enforcement officer to monitor the entry point to the country, the issues of cross border where the agencies need to cooperate with international agencies, lack of awareness among the public, territorial limitation and the piecemeal of the institutional framework. Finally, recommendations on how to improve the enforcement are offered.
No related grants have been discovered for Nurhidayah Abdullah.