Protection of Buyers for Goods Purchased by Description under the Sale of Goods Act 1957

Abstract

In the era of industrilization, the mass production and distribution of goods cross border has affected the buyers on the market. In order to meet the demand of buyers, the producers produced goods in large quantities without considering the quality of goods. Low quality of goods on the market will affect the buyer. Hence the existing law is important to protect the buyers when dealing with goods on the market. The Sale of Goods Act 1957 is the main Act which applies to contracts for the supply of goods in Malaysia. In a contract of supply of goods, implied terms are essential to cater for issues relating to the trader’s civil liability for goods. The weaknesses of the implied terms under the law of supply of goods have become barriers to claims for breach of contract. Currently, the Malaysian Sale of Goods Act 1957 does not adequately protect buyer when entering into a transaction of sale by description. Adopting a doctrinal approach, this article analyses the implied condition as to sale by description under section 15 Sale of Goods Act 1957. The article aims to assess whether the implied condition successfully overcame the problems of buyer in the market. It is submitted the present section 15 Sale of Goods Act 1957 is outdated. It needs a comprehensive revamp to reflect a more standardised and modernised approach. The Malaysian Sale of Goods Act 1957, as it stands, does not sufficiently safeguard buyer when they engage in a sale by description.