THE RULE OF CAVEAT EMPTOR FOR E-COMMERCE TRANSACTION IN MALAYSIA

Nur Rabiatuladawiah Abdul Rahman

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.


Keywords


Sale of goods, caveat emptor, e-commerce, e-consumer, sale by description

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References


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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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