Gerenti Tersirat di Bawah Akta Pelindungan Pengguna 1999: Penambahbaikan kepada Syarat Tersirat di Bawah Akta Jualan Barang 1957?

Abstract

The present era of globalisation saw the fall of national borders as a result of movement of capital, labor, commodities, ideas, communication, and not forgetting the international goods from overseas into Malaysia. These movements have a big impact in changing the culture and understanding of the law. Trade in Malaysia at present is dominated by sellers. Thus, consumers in Malaysia has now become a group oppressed by an unhealthy trade practices by the more influential sellers. The role of law in the supply of goods can not be denied. Consumer protection laws in Malaysia at present is needed due to the complex and complicated nature of goods supplied by the seller as a result of the sophistication of technological innovation. The problem triggers the enactment of a more comprehensive legislation in order to protect consumers in Malaysia which is the Consumer Protection Act 1999 (CPA 1999). Despite the introduction of CPA 1999 to protect consumers in Malaysia, prior legislation that is the Sale of Goods Act 1957 (SGA 1957) still applies to contracts for the supply of goods. In contract of supply of goods, implied terms are very important to issues relating to 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. Adopting a doctrinal approach, this article analyses the five implied guarantees under the CPA 1999 which are similar to the implied conditions under SGA 1957. The analysis is aimed at assessing whether the guarantees under CPA 1999 have been successfully in overcoming the problems of implied conditions under SGA 1957 in order to protect consumers in the market.