Identification and Interpretation of Contractual Terms in Thai Law

This chapter examines the ascertainment of contract terms, and thus two closely connected issues in defining the contents of contracts, in Thailand: the approaches adopted in interpreting the meaning of agreed contractual terms, as well as to what extent additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, and the negotiations of the parties; and it shows how Thai law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how the courts in Thailand deal with issues of contractual interpretation and gap-filling in practice.

Interpretation and Implication of Contractual Terms in Malaysia

This chapter examines two closely connected issues in defining the contents of contracts in Malaysia: first, the approaches adopted in interpreting the meaning of agreed contractual terms and, second, the extent to which additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, and the negotiations of the parties; and it shows how Malaysian law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how Malaysian courts deal with issues of contractual interpretation and gap-filling in practice.

The Regulation of Unfair Terms and Consumer Protection in Japan

This chapter examines how Japanese contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Japanese courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Japanese courts regulate unfair contract terms in practice.

The Interpretation of Contracts under Japanese Law

This chapter examines two closely connected issues in defining the contents of contracts in Japan: first, the approaches adopted in interpreting the meaning of agreed contractual terms and, secondly, the extent to which additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, the negotiations of the parties and good faith; and it shows how Japanese law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how Japanese courts deal with issues of contractual interpretation and gap-filling in practice.

The Regulation of Unfair Terms in Indian Contract Law: Past, Present, and Future

This chapter examines how Indian contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Indian courts have exercised a more indirect control by employing traditional general contract law doctrines, such as contract formation and interpretation or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Indian courts regulate unfair contract terms in practice.

The Interpretation of Contract in Chinese Contract Law: A Comparative Perspective

This chapter examines two closely connected issues in defining the contents of contracts in China: first, the approaches adopted in interpreting the meaning of agreed contractual terms and, second, to what extent additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, and the negotiations of the parties; and it shows how Chinese law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how Chinese courts deal with issues of contractual interpretation and gap-filling in practice.

The Regulation of Unfair Terms and Consumer Protection in Thailand

The chapter gives an account of consumer protection in Thailand and, more specifically, how Thai contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under the 1997 Unfair Contract Terms Act and other protective mechanisms under specific consumer legislation. It also analyses how the Thai courts have exercised a more indirect control by employing traditional general contract law doctrines, including the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. Empirical evidence is provided to show that effective overall consumer protection has been established since the 1990s.

Regulation of Unfair Terms under Korean Law

This chapter examines how Korean contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Korean courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Korean courts regulate unfair contract terms in practice.

Contract Terms in Hong Kong

This chapter examines three closely connected issues in defining the contents of contracts in Hong Kong: first, the approaches adopted in interpreting the meaning of agreed contractual terms and, second, to what extent additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, and the negotiations of the parties; and it shows how Hong Kong law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how Hong Kong courts deal with issues of contractual interpretation and gap-filling in practice. Third, this chapter examines how Hong Kong law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the courts have exercised a more indirect control by employing traditional general contract law doctrines, such as contract formation and interpretation or the rules on procedural fairness, in order to protect parties against unfair terms. Hypothetical cases are discussed to illustrate how unfair contract terms are regulated in practice.

Regulating Unfair Terms and Consumer Protection under Taiwan Law

This chapter examines how the contract law of Taiwan responds to extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or terms in consumer contracts. Attention is also paid to the enforcement mechanisms for measures of consumer protection. The chapter further analyses how the Taiwanese courts have exercised a more indirect control by employing traditional general contract law doctrines, including the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Taiwanese courts regulate unfair contract terms in practice.