Frustration of contract due to abnormal increase of price in Malaysia legal perspective

Malaysia construction industry has become challenging in recent years. The intervention of external sources such as politic, social and economy may affected the construction industry in many ways. For the current trend, since the implementation of Government Service Tax, the industry is still trying...

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Main Author:	Zulkifli, Siti Salwa Ashikin
Format:	Thesis
Language:	English
Published:	2016
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/60971/1/SitiSalwaAshikinMFAB2016.pdf
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id	my-utm-ep.60971
record_format	uketd_dc
spelling	my-utm-ep.609712017-10-08T07:34:09Z Frustration of contract due to abnormal increase of price in Malaysia legal perspective 2016-08 Zulkifli, Siti Salwa Ashikin TH Building construction Malaysia construction industry has become challenging in recent years. The intervention of external sources such as politic, social and economy may affected the construction industry in many ways. For the current trend, since the implementation of Government Service Tax, the industry is still trying to adjust and adapt to the policies. However, during this grace period many impacts have been contributed to the industry due the implementation of such policies. One of the impacts is regard to cost implication to the projects. The market price showed vulnerability in the condition, such as the price might get reduce in a day and fluctuate in another day. Lot of projects seem to suffer with this condition especially project that involves with investment. There is also a case where the parties in the contract have to terminate the contract due to cost implication. Since the contract shall be treated as legally binding between the parties, thus it makes contract cannot simply be discharged their obligation due to certain restrictions. However, it is seemed injustice to force the party to perform their obligation when due no default of neither anyone, resulted the contract to become onerous or impossible. Thus this study is carried out to determine whether the contract may be deemed to be frustrated from an economic perspective. In specific to determine either the contract can be discharged due to one of the reason of abnormal increase of price or global economic crisis. To answer the question a court cases being analyzed and the resulted in tabulated in data analysis section. 2016-08 Thesis http://eprints.utm.my/id/eprint/60971/ http://eprints.utm.my/id/eprint/60971/1/SitiSalwaAshikinMFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94023 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Zulkifli, Siti Salwa Ashikin Frustration of contract due to abnormal increase of price in Malaysia legal perspective
description	Malaysia construction industry has become challenging in recent years. The intervention of external sources such as politic, social and economy may affected the construction industry in many ways. For the current trend, since the implementation of Government Service Tax, the industry is still trying to adjust and adapt to the policies. However, during this grace period many impacts have been contributed to the industry due the implementation of such policies. One of the impacts is regard to cost implication to the projects. The market price showed vulnerability in the condition, such as the price might get reduce in a day and fluctuate in another day. Lot of projects seem to suffer with this condition especially project that involves with investment. There is also a case where the parties in the contract have to terminate the contract due to cost implication. Since the contract shall be treated as legally binding between the parties, thus it makes contract cannot simply be discharged their obligation due to certain restrictions. However, it is seemed injustice to force the party to perform their obligation when due no default of neither anyone, resulted the contract to become onerous or impossible. Thus this study is carried out to determine whether the contract may be deemed to be frustrated from an economic perspective. In specific to determine either the contract can be discharged due to one of the reason of abnormal increase of price or global economic crisis. To answer the question a court cases being analyzed and the resulted in tabulated in data analysis section.
format	Thesis
qualification_level	Master's degree
author	Zulkifli, Siti Salwa Ashikin
author_facet	Zulkifli, Siti Salwa Ashikin
author_sort	Zulkifli, Siti Salwa Ashikin
title	Frustration of contract due to abnormal increase of price in Malaysia legal perspective
title_short	Frustration of contract due to abnormal increase of price in Malaysia legal perspective
title_full	Frustration of contract due to abnormal increase of price in Malaysia legal perspective
title_fullStr	Frustration of contract due to abnormal increase of price in Malaysia legal perspective
title_full_unstemmed	Frustration of contract due to abnormal increase of price in Malaysia legal perspective
title_sort	frustration of contract due to abnormal increase of price in malaysia legal perspective
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/60971/1/SitiSalwaAshikinMFAB2016.pdf
_version_	1747817773653819392

Frustration of contract due to abnormal increase of price in Malaysia legal perspective

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