Sale of Goods Act Assignment

INTRODUCTION

Not everyone who agrees to buy or sell goods is fortunate enough to find that the transaction turns out to be good. Those who are dissapointed by the transaction may seek the help of law. This law is known as Sales of goods Act. Sale of Goods is one of very old mercantile law.

The objective of learning this topic is to cover up the main types of contracts commonly entered into by everybody. We as a consumer should know the important of learning basic principles relating in the Sale of Goods Act in Malaysia because only law can make us satisfied on sale or buy goods.

The Sale of Goods legislation is aimed to offer protection to the consumer and the main purpose of a contract involving goods is the transfer of ownership. Sale of Goods Act 1957 were applied in Malaysia except in the states of Penang, Malacca, Sabah and Sarawak. Section 1 of the Sale of Goods Act 1957 provides that the Act shall have effect within the Malay States only. The position in Penang, Malacca, Sabah and Sarawak is governed by the English Sale of Goods Act 1983 .

The Sale of Goods Act is complimentary to Contract Act. Basic provisions of Contract Act apply to contract of Sale of Goods also. Basic requirements of contract i.e. offer and acceptance, legally enforceable agreement, mutual consent, parties competent to contract, free consent, lawful object, consideration etc. apply to contract of Sale of Goods also.

ESSENTIAL OF CONTRACT OF SALE

A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. There must be two parties which is buyer and a seller to effect a contract of sale and they must be competent to contract. “Buyer” means a person who buys or agrees to buy goods. “Seller” means a person who sells or agrees to sell goods. These two terms are complementary.[1]

Where under a contract of sale the property...