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...Journal of education and social sciences vol feb issn the enforceability culpa in contrahendo malaysia mohd azizie abdul aziz faculty law university kebangsaan selangor email azizieaziz gmail com sakina shaik ahmad yusoff kinasay ukm edu my abstract is a significant doctrine which recognizes pre contractual duty to negotiate good faith not lead negotiating party act his disadvantage before conclusion firm contract lack this malaysian contracts primary statute that regulates major concern due its significance regulating contemporary commercial relations especially an international context paper identified two main reasons for such absence namely i continuous reliance on english common legacy ii conventional theoretical foundation remains legal system although years have passed since independence accordingly following position courts also does recognize general further restricted by classical freedom underlying afforded parties decide whether continue with negotiations or simply withdraw...