Principles of Sale of Goods in Malaysia
I) INTRODUCTION
In accordance to Section 2 of the SGA 1957, the definition of goods is “every kind of movable property other than actionable claims and money and include stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale”. As such, goods are generically used to refer to commodities or items of all types, excepting services, said items usually being involved in trade or commerce.
SGA 1957 also provides in Section 6(1) that “the goods which form the subject of a contract of sale may be either existing goods owned or possessed by the seller, or future good”. Existing goods are goods already owned or possessed by the seller and may be either specified or agreed upon at the times of a contract of sale is made. These goods may be categorised into two and they are specific goods or ascertained good and unascertained goods. The first are goods seen and identified by the buyer while the latter are goods identified by description only. Sale takes place when there is a transfer of ownership of goods from the seller to the buyer. Therefore, a contract of sale of goods is a contract in which the seller transfers or agrees to transfer the goods to the buyer for a price.
II) PRINCIPLES OF SALE OF GOODS IN MALAYSIA
The law relating to sale of goods in Malaysia is principally governed by the Sale of Goods Act (SOGA), 1957. The general principles that relate to contracts e.g. offer,acceptance, consideration, etc. apply to a contract of sale of goods and the parties are free to agree on the terms which will govern their relationship. As such a contract generally means an intended, conscious and legally agreement that bind two or more people. Although it is usually written, it may be spoken or implied. For this paper, the main basic elements to be discussed are offer, acceptance and implied terms.
Offer
The term offer is also referred to as proposal. It
In accordance to Section 2 of the SGA 1957, the definition of goods is “every kind of movable property other than actionable claims and money and include stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale”. As such, goods are generically used to refer to commodities or items of all types, excepting services, said items usually being involved in trade or commerce.
SGA 1957 also provides in Section 6(1) that “the goods which form the subject of a contract of sale may be either existing goods owned or possessed by the seller, or future good”. Existing goods are goods already owned or possessed by the seller and may be either specified or agreed upon at the times of a contract of sale is made. These goods may be categorised into two and they are specific goods or ascertained good and unascertained goods. The first are goods seen and identified by the buyer while the latter are goods identified by description only. Sale takes place when there is a transfer of ownership of goods from the seller to the buyer. Therefore, a contract of sale of goods is a contract in which the seller transfers or agrees to transfer the goods to the buyer for a price.
II) PRINCIPLES OF SALE OF GOODS IN MALAYSIA
The law relating to sale of goods in Malaysia is principally governed by the Sale of Goods Act (SOGA), 1957. The general principles that relate to contracts e.g. offer,acceptance, consideration, etc. apply to a contract of sale of goods and the parties are free to agree on the terms which will govern their relationship. As such a contract generally means an intended, conscious and legally agreement that bind two or more people. Although it is usually written, it may be spoken or implied. For this paper, the main basic elements to be discussed are offer, acceptance and implied terms.
Offer
The term offer is also referred to as proposal. It
References: http://paneir.blogspot.com/2008/10/consumer-protection-law-in-malaysia.html Foong Cheng Leong (2013)