Unfair contractual terms in banking documents : a critical evaluation of the position in Malaysia

Abstract

This study traces the development of inequality of bargaining power or unconscionability both in the United Kingdom as well as in Australia, Malaysia and Singapore. In particular, this study looks deeply into the positions of consumers and customer of banks in their dealings with these banks. Despite the unfairness of these dealings, legislations have not proved to be of assistance. This study will analyze the present sources of law and their adequacy in dealing with these unfair dealings and suggest ways in which the courts can play a major role in ensuring that justice is done for the individual consumers and customers.