THE RULE OF CAVEAT EMPTOR FOR E-COMMERCE TRANSACTION IN MALAYSIA
Abstract
The COVID-19 global pandemic has given bad impact to the world’s economy. Most of the business transactions was affected due to Movement Control Order (MCO). This led to the new norm in the sale of goods contract as the buyer tend to enter e-commerce transaction during MCO. However, this new norm of transaction has its own challenges and problems. Some of the buyer was manipulated by seller when entering e-contract such as the price, the condition of goods, the terms in delivery of goods and so on. Sometimes, there will be transport disruption, the delays on factory which make contracts difficult to perform on time or difficult to perform at all. A seller may be resisting offering refunds or may be unable to do so, or perhaps unwilling to supply the goods agreed at all. This article will generally analyse the existing Malaysian law on sale of goods and to what extent those laws are adequate in providing rights and protection of e-consumer in sale of goods contracts. This article also will focus on e-consumer’s right regarding description of goods which may be manipulated by the seller through advertising via online and shows the role of law in protecting the consumers from misleading and deceptive advertising.
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Ahmad Masum, Muhammad Hassan Ahmad, S.M.M. Nafees, & Yusramizza Md Isa @Yusuff. (2018). Consumer Protection for Sale of Goods under the Malaysian Sale of Goods Act 1957 and the Consumer Protection Act 1999: With Special Reference to Quality and Fitness of Goods. American Journal of Humanities and Social Sciences Research, 2(6), 44–52.
Amin, N. (2012). Protecting consumers against unfair contract terms in Malaysia: The Consumer Protection (Amendment) Act 2010. 9th ASLI Conference, 1(November 1999), 1–11.
Amin, N., & Mohd Nor, R. (2013). Online shopping in Malaysia: Legal Protection for E-consumers. European Journal of Business and Management
Amin, N. (2013). E-Consumer Protection in a Contract for the Sale of Goods: A Malaysian Perspective. International Journal of Digital Society (IJDS), 4(2), 798-805.
Assael, H., (1992), “Consumer Behavior and Marketing Action”. Boston, PWS-KENT.
Aziz, N. H. A. (2013). Consumer Protection Relating to Online Advertising in Malaysia. Legal Network Series, 1–27.
Bernard, E. K., & Makienko, I. (2011). The effects of information privacy and online shopping experience in E-commerce. Academy of Marketing Studies Journal, 15(1 SI), 97–112.
China, O. T., Yongb, M. G. O., & San Ongc, T. E-Commerce Consumer Contracts for Sale of Goods: Privacy Perspective. International Journal of Innovation, Creativity and Change. 209-223 Volume 8, Issue 6, 2019
Chewlos, P., & Dhar, T. (2006). Caveat Emptor: Differences in Online Reputation Mechanisms.
Clark, Eric. (1988) “The Want Makers” “Lifting the lid off the World Advertising Industry” “How They Make You Buy”.
Hassan, K. H. (2012). E-commerce and Consumer Protection in Malaysia: Advertisement and False Description. International Proceedings of Economic Development and Research, Economics and Finance Research. Chennai, India.
Hinton, C. M., & Barnes, D. (2014). Caveat emptor : the customer process shift in electronic commerce. (December).
Lianos, I., Mantzari, D., Durán, G. M., Darr, A., & Raslan, A. (2019). The Global Governance of Online Consumer Protection and E-commerce Building Trust. (March).
Malek, A., Begum, A. M. A., & Hoque, K. A. (2016). Doctrine of “Caveat Emptor” (Buyer be aware) in Common Law and the Doctrine of “Khiyar al aib” (Option of defect) in Islamic Law: A Comparative Study. IIUC Studies, 2014(December), 201–216.
Masum, A., Md Dahlan, N. H., Nafees, S. M., & Kyaw, H. W. (2015). Consumer Protection For Sale Of Goods: A Malaysian Perspective. 203-212
Masum, A. (2018). Consumer Protection for Sale of Goods under the Malaysian Sale of Goods Act 1957 and the Consumer Protection Act 1999. American Journal of Humanities and Social Sciences Research (AJHSSR), 2(6), 44–52.
McClafferty, A. (2012). Effective Protection for the E-Consumer in light of the Consumer Rights Directive ? Hibernian Law Journal, 11, 85–121.
Naemah Amin, & Roshazlizawati Mohd Nor. (2016). E-consumer Protection in Delivery of Goods: A Malaysian Perspective. Journal of Education and Social Sciences, 3 (Feb.), 38–44.
Nieuwenhuis, H. (2003). Caveat emptor in digital times. 89–92.
Rahman, N. R. A. (2018). The Rise And Fall Of Caveat Emptor In Malaysian Sale Of Goods Contract. Journal of Law and Governance, 1(1), 1-14.
Review, M. L., & Review, M. L. (2016). The Sale of Goods by Description. A Return to Caveat Emptor? Published by: Wiley on behalf of the Modern Law Review Stable URL: http://www.jstor.org/stable/1096687
Roshazlizawati Mohd Nor, & Naemah Amin. (2015). The issue of quality of goods: e-consumer protection in Malaysia. Journal of Education and Social Sciences, 2(October), 88–92.
Roy, A. K., & Priya, P. (n.d.). From Caveat Emptor To Caveat Venditor : A. 3(3), 467–481.
Safdar, G., Shabir, G., & Wajid Khan, A. (2017). Violation of Consumer Rights by Electronic Media through Advertisements. Journal of Business and Social Review in Emerging Economies, 1(2), 69–76.
Sinha, P. (2017). Electronic Contracts and Consumer Protection: Does Legislation Provide Adequate Consumer Protection. Bharati Law Review, (April-June), 12–30.
Stoljar, S. J. (1953). Conditions, Warranties and Descriptions of Quality in Sale of Goods. II (Continued). The Modern Law Review, 16(2), 174-197.
Svantesson, D., & Clarke, R. (2010). A best practice model for e-consumer protection. Computer Law and Security Review, 26(1), 31–37.
Tan, C. N.-L., Gwee, K. J., Ng, T. H., & Lim, Y. S. (2011). Predictors Of Business-To-Consumer Electronic Commerce Usage Among Online Consumers In Malaysia. 2nd International Conference on Business and Economic Research (2nd ICBER 2011) Proceeding, 1–19.
Wook, I. (2013). Consumer Protection in E-Commerce: The Current Legal Framework in Malaysia. Legal Network Series, 1, 1–26.
Statute
Sale of Goods Act 1957
Consumer Protection Act 1999
Electronic Commerce Act 2006
Consumer Protection (Electronic Trade Transactions) Regulations 2012
Trade Description Act 2011
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