THE RISE AND FALL OF CAVEAT EMPTOR IN MALAYSIAN SALE OF GOODS CONTRACT

Abstract

The sale of goods contract in Malaysia was governed by three main legislations that are the Contract Act 1950, the Sale of Goods Act 1957 and the Consumer Protection Act 1999. These three existing Acts have their own ways in regulating dealings between contracting parties by providing rights and obligations towards them when entering the contract. However, these Acts are still not adequately in providing protection to the buyers and consumers from being manipulated in the economic market game by the manufacturer and dealer of the products. The doctrine of caveat emptor which being introduced by the common law had put the burden on buyers to reasonably examine goods before they purchase it and take responsibility for its condition. This article is to show on how the doctrine of caveat emptor which being adopted into the Malaysian sale of goods law in protecting the buyer's rights with regard to the purchased items that come to the dissatisfaction of the purchaser or consumer in the sale of goods contract. The study using content analysis method to analyze how this doctrine had affected the consumer's rights. The analysis highlights the provisions of law regarding the contract terms of contract stated which had been included in these three Acts which aims to protect consumers in Malaysia.