...one of the main types of contracts entered into by everybody. Sales of Goods Act 1957 applies for Malaysia except in Penang, Malacca, Sabah and Sarawak. Like any other contracts, contracts for sale of goods has just the same principles such as, offer, acceptance, consideration, capacity etc. SOGA consists of the terms and conditions of a contract, seller’s warranties, and remedies available to buyer and seller. A contract of sale is made by an offer to buy or sell goods at a price and by the acceptance of such offer. Price means the money consideration for the sale of goods. A contract of sale may be made by writing or by words spoken. Ans 1. A contract is made between Clara and Naomi. There are 2 kind of things that Clara agreed to be purchased by Naomi from her, these are, 10 pieces of 1 cent coins used during British occupation for RM 300 and grass for RM 200 per kilogram. The definition of goods in SOGA does not cover money in the sense of currency. But collections of money (coins or bills) which are not valid as currency are covered by SOGA. The coins used in British occupation are no longer valid as currency, and therefore it is valid to be sold to Naomi. Section 2 of SOGA defines goods as “every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale”. Growing crops and grass...
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...Chapter VII (Sections 76-123) dealt with the sale of goods, which was deleted and The Sale of Goods Act was enacted in 1930 This Act regulates the contract of sale as well as agreement to sale This act is applicable to the sale of moveable properties, while the Transfer of Properties Act deals with immovable properties. Sec. 2(7): ‘Goods’ means every kind of moveable property other than actionable claim and money It includes: stocks and shares; growing crops, grass and things attached to the earth, if agreed to be severed before sale Sec. 2(4): ‘Document of title to goods’ means bill of lading, warehouse certificate, railway receipt, etc. a proof of possession of goods and the person can by endorsement or delivery of the same, authorize to receive the goods Sec. 4(1): Contracts of sale: The seller transfers the property in goods for a price Agreement to sale: The seller agrees to transfer after a lapse of time or happening of a certain contingency or fulfillment of certain condition by the buyer The contract of sale is an executed contract, while the agreement to sale is an executory one. Sec.6: Existing as well as future goods can be subject matter of such contracts/agreements Sec. 5 : Law of contract has an application Contracts can be formed by offer and acceptance either by the buyer or the seller and accepted by the other It can either be oral or in writing or partially both or Can be implied from the conduct of the parties ...
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...1. Sale of goods act 1957 imposed certain implied term in a sale of good contract. Can parties to the contract modify these implied? Discuss? Can, the implied terms are applicable only if the parties did not exclude or modify the terms. (Section 62 under SOGA 1957). Sale of goods act 1957 implies a number of implied terms in every contract for the sale of goods. Implied Terms under SOGA 1957 Implied Condition * Title * Sale by description * Fitness for purpose * Merchantable quality * Sale by sample Implied Warranty * Quite Possession * Encumbrance or charge Implied Condition as to Title Section 14(a) under SOGA 1957, seller must have a right Hello Architect Wong, I am one of RBD3 group (A) student. Just want to ask that how to modify the implied term of contract, i having an example, 2. Identify the roles of an arbitrator Remain Neutral * An arbitrator remains neutral (acts fairly between parties and avoids conscious or unconscious bias) and resolves a dispute as an impartial third party. Listen to Evidence * An arbitrator examines closely all evidences or arguments and information presented by disputing parties, and listen to the facts of the case and the arguments presented by both parties once arbitration begins. Make Decision (Binding Arbitration) An arbitrator serves as the decision-maker and ‘referee’ in an arbitration proceeding, The role of an arbitrator is similar to that of a judge, though the procedures can...
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...Law (Individual Assignment) By: FAGAN RZABEILI TP029475 Lecturer: Ms.Krystle Loh Su-Lin LEVEL: 1 Submission Date: 14-07-2014 ASIA PACIFIC UNIVERSITY OF TECHNOLOGY & INNOVATION Words Count: 606 * Question 1 In addressing the above question, the provision of this Act is where goods are sold by a person who is not the owner and who does not sell them under the authority of the owner, the buyer does not get any title. Thereby, owner of goods have rights to take goods from those who have no title to them. This is under English rule nemo dat quod non habet section 27 SOGA 1957. Refer to case Ng Ngat Siang v Arab-Malaysian Finance Bhd&Anor [1988] 3 MLJ 319. In any validity transactions or sales from one person to another always exists exceptions. In my case, the statement tells about the provisions of the Sale of Goods act 1957. Under SOGA, there are 6 exceptions where the buyer can still get the title fully referring to case of Commercial & Saving Bank of Somalia v Joo Seng Company. There are Estoppel, sale by mercantile agent, sale by One of Joint Owners, sale under a Voidable Title, Sale by a Seller in Possession after Sale and sale by a Buyer in Possession. Estoppel is where the buyer and seller relies on the owners conduct and the person who sells the goods has an authority to do so because the owner did not deny the sellers authority to sell (case of Eastern Distributers v Goldring). (Lylumalaysialaw.com, 2014) Sale by mercantile...
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...Nemo Dat Quod Non Habet * As general rule, when a person takes goods, he or she gets only the same rights to the goods as the person from whom he or she took them. This rule is expressed in the Latin maxim nemo dat quod non habet. * This maxim is set out in section 27 of Sale of Goods Act 1957 (hereinafter refer as SOGA) which states that where goods are sold by a person who is not the owner and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods that the seller had even though the buyer has paid the price in good faith. The object of this rule is to protect the right of ownership of the true owner. * In Lim Chui Lai v Zeno Ltd [1964], the issue is whether Ahmad acquires any title to sell the chattels or not. The court held that Ahmad was merely the bailee and not the owner of the chattels at the time he sold them to the appellant. As he had no title to the chattels or authority to sell them, he could not give the appellant any title. * There are some exceptions to the nemo dat quod non habet. The first exception is estoppel. Section 27 of SOGA provides that when the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. The owner by his conduct makes it appear to a buyer that the person who sells the goods has his authority to do so and the buyer act in reliance of it. * In Eastern Distributors Ltd v Goldring [1957], owner of van wanted to...
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...Next, Court terms are adopted when an oversight of the parties occur, in order to give ‘business efficacy’ to the contract based on prior or past dealings. Then, Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed. But in the Sale of Goods Act, it implied a number of stipulations in every contract for the sale of goods. However, these implied terms apply only when the parties to the contract of sale have not excluded or modified them. The first implied term is the implied condition as to title. It applies to all contracts for sale of goods so it will cover private sales in addition to where goods have been purchased from a shop or other business. The Section 14(a) SOGA 1957 provides that an implied condition on a term that the seller has the right to sell the goods. In the case of agreement to sell, a person will have a right to sell the goods at the time when the property is to pass. This term is a condition amount to a guarantee in all sales. For example, Alvin must have the goods title to the goods as a seller to Jack. If the contract of sales between Jack and Alvin review that Alvin not the right to sell the goods, then Alvin has breach the contract. In the case of Rowland v Divall in 1923, Rowland bought a car from Divall. After 4 months, Rowland discover that the car has no title and then had to hand over it to the true owner. The issue was whether Rowland could recover the full amount he had paid...
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...religious leaders adjusted Buddhism to blend in with the indigenous religion of Bon. Bon the practice of achieving both enlightenment and nirvana is the objective of this particular Buddhist practice. Local religious heads believed they were reincarnations of lamas and Buddhist bodhisattvas who have passed on. Monks used thangkas, a cloth paintings that held images of Buddhist figures these paintings were used to help educate people. In Japan three powerful clans - Soga, Mononobe and Nakatomi in Japan where tied to the imperial family via marriage. The Soga Clan was responsible for imperial lands with the approval of the emperor they were allowed to practice Buddhism. In the late sixth century, the Soga clan gained power. The head of the Clan placed his daughter Umako as the Empress and Shotoku, her nephew became the crown prince and regent to the empress. With this power Shotoku ordained Buddhist monks and nuns and built a Buddhist temple next to his palace. The Nakatomi clan would eventually defeat the Soga clan, once defeated Emperor Tenji gave Nakatomi the surname "Fujiwara". Both Nakatomi and Fujiwara rejected Buddhism practice, however, after a century they officially accepted Buddhism as the state religion, built majestic temples and a giant bronze Buddha structure. In the 7th century, the Buddhist and Shinto practice influenced the other. In conclusion, the Silk Road helped to spread the word and practice of Buddhism. Buddhism helped to influence other Asian...
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...Next, Court terms are adopted when an oversight of the parties occur, in order to give ‘business efficacy’ to the contract based on prior or past dealings. Then, Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed. But in the Sale of Goods Act, it implied a number of stipulations in every contract for the sale of goods. However, these implied terms apply only when the parties to the contract of sale have not excluded or modified them. The first implied term is the implied condition as to title. It applies to all contracts for sale of goods so it will cover private sales in addition to where goods have been purchased from a shop or other business. The Section 14(a) SOGA 1957 provides that an implied condition on a term that the seller has the right to sell the goods. In the case of agreement to sell, a person will have a right to sell the goods at the time when the property is to pass. This term is a condition amount to a guarantee in all sales. For example, Alvin must have the goods title to the goods as a seller to Jack. If the contract of sales between Jack and Alvin review that Alvin not the right to sell the goods, then Alvin has breach the contract. In the case of Rowland v Divall in 1923, Rowland bought a car from Divall. After 4 months, Rowland discover that the car has no title and then had to hand over it to the true owner. The issue was whether Rowland could recover the full amount he...
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...CRITICALLY ASSESS THE VIEW THAT BUSINESSES HAVE A MORAL DUTY TO PUT THEIR CONSUMERS FIRST 1.0 Introduction Nowadays, Malaysia has become one of the develop countries in the world. Many new things have been developed and improved in terms of business administration, economy, facility, technology, culture, education system, and so on. All of these things have a significant relationship with the law. People or organization has the right to be protected and the law have been created to make people’s lives more comfortable and peacefully. Laws have been used to protect consumers for centuries. These laws have been designed in a variety of legal forms, including criminal law, tort, contract, intellectual property, etc. In addition to those laws that specify consumer protection and product liability as their primary concern, numerous other provisions have the effect of protecting the consumer, for example by streamlining the prosecution of fraud, protecting property or facilitating litigation. This study will examine the critically assess the view that businesses have a moral duty to put their consumers first. Legislation of consumer protection in Malaysia now is entering to the new era with the recent introduction of the Consumer Protection Act 1999. 2.0 Business moral duty and consumer protection 2.1 Business moral duty A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical consideration, it is a business moral duty. Often...
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...1. Issue : The issue is whether if Peter enters into the contract with the sale person. The law of contract is a legally bind agreement with two or more contractual parties. It consists of 4 elements to make a valid contract; offer, acceptance, consideration, and intention to legal relation. This issue involves the element of offer. Applicable law: An offer occurs when the offeror is willing to enter the contract, as soon as it is accepted by the offeree. Revocation by the offeror, rejection by the offeree, lapse of time and lapse of death are under the termination of offer. With rejection by the offeree, it states that offeror’s original offer turned down by the offeree. In the case of Hyde V Wrench (1840) the court held that since offer is made. Application of Facts to Law: It was told to peter that the first batch of XYZ model cameras were all sold. Sale person then offer peter the second batch of XYZ models at $1600, Peter asked for the best price. The sale person offered Peter at $1550. However, Peter revealed that if the prices reduce to $1500 he would purchase immediately. It was shown that Peter made a counter offer by the rejecting the original offer of $1550. Hence, counter offer made Conclusion: Offer is not valid in this issue. Hence, the sale person will not liable for any loss or damages. Applicable law: An invitation to treat invites someone to make an offer and negotiate. It is done by either display...
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...Indesit, founded in 1975, is an Italian multinational company that produces domestic product to export all over the world. Unfortunately, between 2012 and 2013 it faced a significant downfall related, initially, to one of it’s products, the Indesit washing machine WIXL143 and later on the more expensive W1X E167 model. Several costumers complained about the malfunctioning and the unexpected explosion of the models. One customer explained: “During the spin cycle it appeared that the drum had split open and moved the concrete balancing block inside the machine up pushing it’s top upwards”. Looking at this situation from a lawyer’s perspective the consumer is protected, under the 1979 Soga Act, or in other words the Sale Of Goods act that establishes the rights and duties of the seller and buyer and their remedies in the event of a breach. The Act is defined as “a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price”. It is also important to take into consideration that land and money are not included in the definition of goods. Even in the case that no physical contract for the sale of goods has been written, this Act automatically includes a number of conditions and warranties that in law are called ‘implied terms’. There are four main implied conditions, or major terms which are vital to the main purpose of the contract: -Title (s 12) involving the seller and its right to sell the goods...
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...I.A. The text, “Fujiwara and Murakami Genji as Assistants to Emperors” was written by Chikafusa, a couple of years after the Period Kamakura Japan (1180 to 1133) and went into the Kenmu Restoration period. This period was marked by the rise of militarism that attempted to make Japan a centralized government. During this time the imperial line remained unchallenged and exercised a vast amount of power. In 1333, the Kamakura shogunate was overthrown by warrior forces and Go-Daigo became the emperor . Go-Daigo belonged to a branch of the Fuijiwara house. He believed that the overthrow of the shogunate was a sign to revive what he believed was the most efficient form of government, the direct imperial rule. This period marked by imperial restoration was called “Kenmu Restoration” and lasted until 1336. As competition for power and land rose, the government was unable to stabilize the country. Two key figures Nitta Yoshida and Ashikaga Takauji were the faces to the struggle for power. Since they could not reach consensus Japan was split in two and the “War Between the Northern (Kyoto) and the Southern (Yoshino) Court,” began. Chikafusa did not play a major role in the Kenmu Restoration but did rally for support for the Southern Court among the eastern warriors. Coming from a high-ranking noble family and prominent minister at court, Chikafusa wrote was the author of Jinnō Shōtōki. This work, also known as “Chronicle of the Legitimate Succession of Divines Sovereigns...
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...The Sale of Goods Act (SOGA) and associated laws and regulations set out your legal rights as a consumer. These are briefly summarised below. Under SOGA if an item is faulty, it means that it is • not of satisfactory quality • not fit for purpose • does not match the retailer’s description. If an item you have bought is faulty you may be legally entitled to a refund or a repair or replacement. What you are entitled to will depend on a number of factors; contact Consumer Direct for more information. You do not have a legal right to receive a refund, repair or replacement for any of the reasons listed opposite • fair wear and tear • accidental damage or misuse of the item • if you don’t want the item any more, for example it is the wrong size or colour • if you knew the item was faulty when you bought it • if you misused the item and caused a fault • if you tried to repair the item or had someone else try to repair it, which damaged the item • if it is over six years since you purchased the item, or for goods purchased in Scotland, if it is over five years since you discovered the fault. If you buy an item by mail order, telephone or online you have the same rights if the item is faulty (see above). You also have an important additional right if you want to return the item: you can cancel your order any time from when you place it up to 7 working days from the day after you receive the goods – even if the item is not faulty. Some items bought online cannot be returned...
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...To: Jess From: Michelle Subject: Advise on SOGA and SOGASA Date: 26/01/2012 Dear Jess, I am sorry to hear about your bad shopping experience. I am writing this email to give you some advice regarding your case on the individual items. You mentioned that the jeans you bought have come apart and also the sole of one shoe has come off. According to the Sale of Goods Act 1979 (SOGA) and Supply of Goods to Consumers Regulations 2002, all goods sold whether new or second–hand must be: * As described * Of satisfactory quality * Fit for the purpose for which they are intended The amended Sale of Goods Act 1979 requires the seller to supply goods of satisfactory quality. This includes that the goods must be durable and fit for their general purpose. Therefore you are able to take the jeans and shoes back either for a full refund or a replacement. Regarding the Dior perfume which your mother has come out in a rash after using it. According to the Consumer Protection Act 1987 and the law of negligence, there must be: * A duty of care * A breach of the duty of care * This breach must be the direct cause of damage (physical, financial or emotional injury) to another and could also be foreseen The Dior perfume company has breached the law of negligence because a duty of care was not carried out. Also this breach was the direct cause of damage which was the rash came out after using the perfume. Therefore under the Consumer Protection...
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...question1 What are the remedies available under the Law of Contract? Remedy is where the inured party enforce their rights or get a reward for a loss. It also means to achieve justice where legal rights are involved. There are many types of remedies and some of them may be ordered by court, granted by judgement, by agreement between two parties and operation of law. The remedies depend on the nature of the breach. The remedies available under the Law Of Contract are Rescission, Restitution, Damages, Specific Performance, Injunction,Mareva Injunction, and Quantum Meruit. Rescission has been defined as the cancellation of contract between parties. It enables the innocent party to cancel off the contract when there is any misinterpretation by the other party. Misinterpretation is as the defence if the innocent party is sued for damages or specific performance by the other party. Under the Sale of Goods, the innocent party has the rights to cancel off the contract when there is a breach of implied condition as to title, correspondence with description, merchantable quality, fitness for purpose and sale by sample corresponding to those implied in contract of sale. Restitution is sometimes referred as quasi-contract. Quasi-contract is a contract created by courts. Quasi contract is actually not a legal contract but it is actually a legal substitute which is formed to impose equity between the two parties. It does not rely on the plaintiff, person who brings a case against another...
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