Rachel Tey


Introduction The law has always recognized the laissez-faire principle of the freedom of contract and as such, Malaysian Courts have been willing to uphold exclusion clauses when such clauses are clearly drafted. In the recent landmark decision of CIMB Bank Bhd v Anthony Lawrence Bourke & Anor [2019] 2 MLJ 1, the Malaysian Federal Court held that where such exclusion clauses are drafted in a manner which effectively limits a party from enforcing their rights…