Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses

The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizatio...

Full description

Saved in:

Bibliographic Details
Main Author:	Shamsuddin, Azura
Format:	Thesis
Language:	English English
Published:	2010
Subjects:	Business enterprises - Law and legislation - Malaysia. Business enterprises - Malaysia Business law - Malaysia
Online Access:	http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-upm-ir.19476
record_format	uketd_dc
spelling	my-upm-ir.194762013-03-21T07:15:55Z Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses 2010 Shamsuddin, Azura The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizations’ goals, visions and missions would provide the relevant signals that could highlight potential legal issues before they become legal problems. This would enable the organizations to effectively handle legal disputes that may arise in the course of doing business in line with the law. Further, in doing so, the organizations would also be able to attain their core business objectives while minimising risks and creating value at the same time. This thesis therefore, seeks to investigate the operations and effects of contract law, theories and practises with respect to the most frequently negotiated contract terms and how they relate to the contract management strategy of Malaysian business organizations as the social institutions. As there is no existing empirical evidence on the most frequently negotiated contract terms that is representative of Malaysian businesses prior to this thesis, a survey questionnaire was conducted to establish such a profile. The quantitative method used is however, limited to descriptive statistics only as it is not the purpose of this research to find any mathematical answers but rather for the purpose of making generalisation to a population from a sample with respect to the most frequently negotiated contract terms. From the findings of the survey, the top two most frequently negotiated contracts terms i.e. liquidated damages and limitation of liability provisions were selected to be further researched. This involves the analysis of liquidated damages and limitation of liability provisions from both the legal and theoretical perspectives. Thereafter, having due regards to the legal and theoretical positions with respect to liquidated damages and limitation of liability provisions as they stand today, this thesis then analysed the mechanisms on how organizations could better manage these two provisions in particular and the contract in general, from a contract management perspective. Finally,as the coup de grace, this thesis concludes with a few recommendations for legal and management reforms pertaining to the two provisions as well as possible future research that can be taken in the research area. Business enterprises - Law and legislation - Malaysia. Business enterprises - Malaysia Business law - Malaysia 2010 Thesis http://psasir.upm.edu.my/id/eprint/19476/ http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf application/pdf en public phd doctoral Universiti Putra Malaysia Business enterprises - Law and legislation - Malaysia. Business enterprises - Malaysia Business law - Malaysia Faculty of Economics and Management English
institution	Universiti Putra Malaysia
collection	PSAS Institutional Repository
language	English English
topic	Business enterprises - Law and legislation - Malaysia. Business enterprises - Malaysia Business law - Malaysia
spellingShingle	Business enterprises - Law and legislation - Malaysia. Business enterprises - Malaysia Business law - Malaysia Shamsuddin, Azura Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
description	The central argument of this thesis is that through the incorporation of proper management and treatment of the organizations’ contractual agreement with respect to their most frequently negotiated contract terms as part of the organizations’ contract management strategy in line with the organizations’ goals, visions and missions would provide the relevant signals that could highlight potential legal issues before they become legal problems. This would enable the organizations to effectively handle legal disputes that may arise in the course of doing business in line with the law. Further, in doing so, the organizations would also be able to attain their core business objectives while minimising risks and creating value at the same time. This thesis therefore, seeks to investigate the operations and effects of contract law, theories and practises with respect to the most frequently negotiated contract terms and how they relate to the contract management strategy of Malaysian business organizations as the social institutions. As there is no existing empirical evidence on the most frequently negotiated contract terms that is representative of Malaysian businesses prior to this thesis, a survey questionnaire was conducted to establish such a profile. The quantitative method used is however, limited to descriptive statistics only as it is not the purpose of this research to find any mathematical answers but rather for the purpose of making generalisation to a population from a sample with respect to the most frequently negotiated contract terms. From the findings of the survey, the top two most frequently negotiated contracts terms i.e. liquidated damages and limitation of liability provisions were selected to be further researched. This involves the analysis of liquidated damages and limitation of liability provisions from both the legal and theoretical perspectives. Thereafter, having due regards to the legal and theoretical positions with respect to liquidated damages and limitation of liability provisions as they stand today, this thesis then analysed the mechanisms on how organizations could better manage these two provisions in particular and the contract in general, from a contract management perspective. Finally,as the coup de grace, this thesis concludes with a few recommendations for legal and management reforms pertaining to the two provisions as well as possible future research that can be taken in the research area.
format	Thesis
qualification_name	Doctor of Philosophy (PhD.)
qualification_level	Doctorate
author	Shamsuddin, Azura
author_facet	Shamsuddin, Azura
author_sort	Shamsuddin, Azura
title	Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_short	Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_full	Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_fullStr	Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_full_unstemmed	Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses
title_sort	legal and contract management analysis of the most frequently negotiated contact terms among malaysian businesses
granting_institution	Universiti Putra Malaysia
granting_department	Faculty of Economics and Management
publishDate	2010
url	http://psasir.upm.edu.my/id/eprint/19476/1/FEP_2010_17.pdf
_version_	1747811391074467840

Legal and Contract Management Analysis of the Most Frequently Negotiated Contact Terms Among Malaysian Businesses

Similar Items