Coercion Section 15 Contract Act Malaysia
2022年1月14日
Coercion is a term used in contract law to describe the act of forcing someone to enter into a contract against their will. This is considered to be a violation of the Section 15 of the Contract Act in Malaysia, which states that a contract entered into under coercion is voidable at the option of the party coerced.
Coercion can take many forms, including physical threats, psychological pressure, blackmail, and even fraud. For example, a person may be coerced into signing a contract by being threatened with physical harm, or by being told that if they do not sign, they will lose their job or be blacklisted in their industry.
Under Malaysian law, coercion is a serious offense and can result in severe penalties. If a person is found to have coerced someone into a contract, they may be fined, imprisoned, or both. Additionally, any contract entered into under coercion is voidable and can be rescinded by the party who was coerced.
It is important to note that coercion can also occur in less obvious ways. For example, a person may feel pressure to enter into a contract due to their social or economic circumstances. They may feel that they have no other choice but to sign the contract, even if they do not fully understand or agree to its terms.
To avoid coercion, it is important to ensure that all parties fully understand and agree to the terms of a contract. Any threats or pressure that are used to force someone into signing a contract should be reported to the appropriate authorities. Additionally, it is important to seek legal advice before entering into any contract to ensure that it is fair and reasonable.
In conclusion, coercion is a serious offense under the Section 15 of the Contract Act in Malaysia. Any contract entered into under coercion is voidable, and the person who coerced the other party may be subject to fines, imprisonment, or both. To avoid coercion, it is important to ensure that all parties fully understand and agree to the terms of a contract, and to seek legal advice before entering into any contract.