CONSUMER’S RIGHT TO REDRESS AGAINST TRADERS UNDER THE LAW OF SUPPLY OF GOODS: A COMPARATIVE STUDY OF SELECTED JURISDICTIONS
Sakina Shaik Ahmad Yusoff-PhD (),
Azimon Abdul Aziz,
Muhammad Rizal Razman and
Kartini Aboo Talib@Khalid Additional contact information Kartini Aboo Talib@Khalid: Faculty of Law, Universiti Kebangsaan Malaysia
The modern era is a harbinger of ultra-modern, highly complicated and sophisticated technology, trade and industry. The 21st century saw great economic change in market place. In the realm of supply of goods, globalisation and the advancement of technology have a tremendous impact on the production, distribution and consumption of goods. This new phenomenon has led to a major concern on the market place as the guarantor of the best interest of consumers. The disparity in the consumers’ bargaining power, resources and knowledge vis-à-vis traders in market place has led to a need for a better legal protection in the realm of supply of goods. However, achieving a fair balance between the needs of market providers and the consumers is indeed a major challenge to law makers. Applying the content analysis method, this paper aims at exploring the provisions on trader’s contractual liabilities and remedies under the consumer contract for the supply of goods in Malaysia, United Kingdom, European Union and based on the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The paper will first discuss provisions in the Sale of Goods Act 1957 and the Consumer Protection Act 1999 of Malaysia. The paper will then analyse the EC Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees and the United Nations Convention on Contracts for the International Sale of Goods on aspects of trader’s liabilities and remedies and the United Kingdom provisions on exclusion of trader’s liability.