Sale Of Goods Act 1957 Section 16
The first part states that an implied condition on the.
Sale of goods act 1957 section 16. Section 14 of the soga is divided into three parts. Sale of goods 7 laws of malaysia act 382 sale of goods act 1957 an act relating to the sale of goods. Federal territory johore kedah kelantan negeri sembilan pahang perak perlis selangor and terengganu 23 april 1957 malacca and penang 23 february 1990 chapter i preliminary short title and application 1. Exceptions to the rule of caveat emptor section 16 of the sale of goods act 1930.
Implied terms of the sale of goods act 1957 the statutory of implied terms main function is to protect the rights to every buyer or consumer. This condition can be found in the proviso to section 16 1 a of the sale of goods act 1957. 16 goods must be ascertained. Couturier v hastie 1852 8 exch 40 1852 exam 2015 questions exam 2016 questions exam 2017 questions exam 2016 questions the five sources of malaysian law and their customs.
To print the whole chapter in html please click at the bottom of the toc panel and then click please set the page orientation to landscape for printing of bilingual texts on a single page. If there is a contract of sale between 2 parties involving above goods contract governed by soga besides general principle of law of contract. Implied conditions as to quality or fitness subject to the provisions of this act and of any other law for the time being in force there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except as follows. These statutory implied terms are in section 14 17 of the sales of goods act 1957 and are the implied terms in every contract of sale of goods.
As such this article attempts to explain the basic principles underlying the proviso in light of the latest local cases like union alloy sunrise bhd and medicon plastic. Section 16 in the sale of goods act 1930. 1 this act may be cited. The sale of goods act 1957 was originally enacted in 1957 and revised in 1990 to include the states of malacca and penang.
Law of sale of goods definition. Section 16 1 fitness for buyers purpose. F1 subject to section 20a below where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. United kingdom sale of goods act 1893 the sale of goods act 1957 is the main piece of legislation serving consumers in obtaining remedy when their acquisition go wrong.
Acontract of sale of goods is where the seller transfers or agree to transfer the property in the goods to the buyer for a.