Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges

Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs...

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Main Authors: Farhanin Abdullah Asuhaimi, Zuhairah Ariff Abd Ghadas, Nazli Ismail Nawang
Format: Article
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2022-09-01
Series:Indonesian Comparative Law Review
Subjects:
Online Access:https://journal.umy.ac.id/index.php/iclr/article/view/15858
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author Farhanin Abdullah Asuhaimi
Zuhairah Ariff Abd Ghadas
Nazli Ismail Nawang
author_facet Farhanin Abdullah Asuhaimi
Zuhairah Ariff Abd Ghadas
Nazli Ismail Nawang
author_sort Farhanin Abdullah Asuhaimi
collection DOAJ
description Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.
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spelling doaj.art-aeb84750efb64351b39261c7f6baa8dc2023-07-15T02:23:58ZengUniversitas Muhammadiyah YogyakartaIndonesian Comparative Law Review2655-23532655-65452022-09-0142718010.18196/iclr.v4i2.158586152Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and ChallengesFarhanin Abdullah Asuhaimi0Zuhairah Ariff Abd Ghadas1Nazli Ismail Nawang2Faculty of Law and International Relations, University Sultan Zainal AbidinUniversiti Islam Sultan Zainal AbidinUniversiti Islam Sultan Zainal AbidinNowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.https://journal.umy.ac.id/index.php/iclr/article/view/15858consumer protectiononline contractmerchantable quality, sale of goods
spellingShingle Farhanin Abdullah Asuhaimi
Zuhairah Ariff Abd Ghadas
Nazli Ismail Nawang
Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
Indonesian Comparative Law Review
consumer protection
online contract
merchantable quality, sale of goods
title Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
title_full Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
title_fullStr Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
title_full_unstemmed Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
title_short Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges
title_sort sale of merchantable quality goods in today s online contract issues and challenges
topic consumer protection
online contract
merchantable quality, sale of goods
url https://journal.umy.ac.id/index.php/iclr/article/view/15858
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AT nazliismailnawang saleofmerchantablequalitygoodsintodaysonlinecontractissuesandchallenges