Citation

Cheong, May Fong (2024) Migration of the Indian Contract Act 1872. In: Foundations of Indian Contract Law. Oxford University Press, pp. 64-80. ISBN 978-019199721-1, 978-019889375-2

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Abstract

This chapter traces the migration of the Indian Contract Act 1872 to Malaysia. It explains that the Malaysian Contracts Act 1950 is a product of a double legal transplant modelled on the Indian Contract Act. The double legal transplant of the Malaysian Act invites deliberation as to the extent of Malaysian contract law’s engagement with developments in the United Kingdom and India. The analysis of Malaysian case law indicates a tension in the relationship between statute and the common law while considering the creativity of the courts in adapting a statute enacted in 1872. Even though Indian case law was highly influential in the early development of Malaysian contract law, its influence gradually declined as Malaysian courts referred to English law, the source jurisdiction, and decisions from other Commonwealth jurisdictions.

Item Type:	Book Section
Uncontrolled Keywords:	migration, Indian Contract Act 1872, Malaysia, Malaysian Contracts Act 1950, double legal transplant, Malaysian case law, Indian case law, English law
Subjects:	K Law > K Law (General)
Depositing User:	Ms Nurul Iqtiani Ahmad
Date Deposited:	04 Dec 2024 02:38
Last Modified:	04 Dec 2024 02:38
URII:	http://shdl.mmu.edu.my/id/eprint/13208

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