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Sale of Goods
1
LAWS OF MALAYSIA
REPRINT
Act 382
SALE OF GOODS ACT 1957
Incorporating all amendments up to 1 January 2006
PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006
2
SALE OF GOODS ACT 1957 First enacted … ... ... ... ... … Revised … … … … … ... … 1957 (F.M. Ord. No. 1 of 1957) 1989 (Act 382 w.e.f. 21 September 1989)
PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001
3 LAWS OF MALAYSIA Act 382 SALE OF GOODS ACT 1957
ARRANGEMENT OF SECTIONS
CHAPTER I PRELIMINARY
Section
1. 2. 3.
Short title and application Interpretation Application of Contracts Act 1950 CHAPTER II FORMATION OF THE CONTRACT Contract of sale
4.
Sale and agreement to sell Formalities of the contract
5.
Contract of how sale made Subject Matter of Contract
6. 7. 8.
Existing or future goods Goods perishing before making of contract Goods perishing before sale but after agreement to sell The price
9. 10.
Ascertainment of price Agreement to sell at valuation
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Laws of Malaysia
Conditions and warranties
ACT 382
Section
11. 12. 13. 14. 15. 16. 17.
Stipulations as to time Condition and warranty When condition to be treated as warranty Implied undertaking as to tittle, etc. Sale by description Implied condition as to quality or fitness Sale by sample CHAPTER III EFFECTS OF THE CONTRACT Transfer of property as between seller and buyer
18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.
Goods must be ascertained Property passes when intended to pass Specific goods in a deliverable state Specific goods to be put into a deliverable state Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price Sale of unascertained goods and appropriation Goods sent on approval or “on sale or return” Reservation of right of disposal Risk prima facie passes...