1. The Malaysian Position
1.1. Malaysian Contratcs Act 1950
1.2. No provision dealing with exemption clauses, therefore, Malaysian courts have to rely on English Law
1.3. Civil Law Act 1956
1.4. English Law can be appied in two condition: •No Malaysian law •Suited to local circumstances
2. Types of clause
2.1. Total exclusion
2.2. Intends to exclude any liability from a party
2.3. Partial exclusion
2.4. Intends to limit the party's liability
3. Term of Contract
3.1. Reprsentations
3.1.1. Not part of the contract
3.1.2. pre-contactual statements
3.1.3. part of the negotiation process that might induce other party to enter into contract
3.2. Terms
3.2.1. part of the contract
3.2.2. promises that parties have contrated to undertake
4. why need to control of it used
4.1. might not be freely negotiated
4.2. parties may not have equal bargaining strength
4.3. Consumer Protection
5. Impacts
5.1. Consumer protection Act 1999
5.1.1. Section 24(A)
5.1.2. EC is valid provided due to it is not an 'unfair term'
5.1.3. Section 24 D(d)
5.1.4. a clause that excludes liability for death or personal injury negligently caused is unfair term
6. Two requirements
6.1. Commom Law
6.1.1. Incorporation
6.1.1.1. EC term must be included in the contract
6.1.1.2. Ways that EC can be form
6.1.1.2.1. By signature
6.1.1.2.2. Reasonable notice
6.1.1.2.3. Previous parties dealings
6.1.2. Interpretation
6.1.2.1. Wording of EC must cover the loss
6.1.2.1.1. Contra Proferentum Rule
6.2. Statutory
6.2.1. EC is not made ineffective by virtue of stantory controls
6.2.2. Statutory protection from unfair terms
6.2.2.1. Section 24 in Contact Act 1950
6.2.2.2. It is fraudulent
6.2.2.3. It is forbidden by law
6.2.2.4. if permitted, it would defeat any law
6.2.2.5. It involves injury to the person of another property
6.2.2.6. the court regards it as immoral to public policy