The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia
It has been understood that consumers consume not only of products, but also of services. Motor vehicle repair and service is a common and regular service used by consumers in Malaysia. As such, this paper analyses the extent to which the laws of Malaysia provides adequate remedies to consume...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Malaysian Consumer and Family Economics Association (MACFEA)
2012
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/9335/1/the_adequacy_of_remedies_in_consumer.pdf |
| _version_ | 1825645097094479872 |
|---|---|
| author | Amin, Naemah Abu Bakar, Elistina |
| author_facet | Amin, Naemah Abu Bakar, Elistina |
| author_sort | Amin, Naemah |
| collection | IIUM |
| description | It has been understood that consumers
consume not only of products, but also of
services. Motor vehicle repair and service
is a common and regular service used by
consumers in Malaysia. As such, this
paper analyses the extent to which the
laws of Malaysia provides adequate
remedies to consumers when they have
problems with garages. The discussion
includes the analysis on the contract law
as well as the statutory provisions under
the Malaysian Consumer Protection Act
1999 (CPA). A small survey has also been
carried out to point out the most favorable
remedies sought by Malaysian consumers.
A total of 400 respondents participated in
the study through stratified random
sampling and the respondents were
requested to state the remedies that they
desired if they pursue legal action. It is
very explicit from the result that majority
ofthe respondents (75.8%) desire the same
garage to solve their problems or to rectifY
their mistake rather than going to other
garages. Only 26.8% wants money as
compensation. This finding provides
evidence that the demand ofconsumers are
not in line with the remedies provided
under the contract laws where do not provide for the remedy of specific
performance or remedy of repairing the
defect unless in limited circumstances.
Nevertheless, the CPA has introduced the
redress of remedying the defect which
brings the law in line with reality by giving
a consumer, in many cases. the remedy
that he/she really wants. |
| first_indexed | 2024-03-05T22:42:35Z |
| format | Article |
| id | oai:generic.eprints.org:9335 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-05T22:42:35Z |
| publishDate | 2012 |
| publisher | Malaysian Consumer and Family Economics Association (MACFEA) |
| record_format | dspace |
| spelling | oai:generic.eprints.org:93352012-11-06T11:17:47Z http://irep.iium.edu.my/9335/ The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia Amin, Naemah Abu Bakar, Elistina KPG Malaysia It has been understood that consumers consume not only of products, but also of services. Motor vehicle repair and service is a common and regular service used by consumers in Malaysia. As such, this paper analyses the extent to which the laws of Malaysia provides adequate remedies to consumers when they have problems with garages. The discussion includes the analysis on the contract law as well as the statutory provisions under the Malaysian Consumer Protection Act 1999 (CPA). A small survey has also been carried out to point out the most favorable remedies sought by Malaysian consumers. A total of 400 respondents participated in the study through stratified random sampling and the respondents were requested to state the remedies that they desired if they pursue legal action. It is very explicit from the result that majority ofthe respondents (75.8%) desire the same garage to solve their problems or to rectifY their mistake rather than going to other garages. Only 26.8% wants money as compensation. This finding provides evidence that the demand ofconsumers are not in line with the remedies provided under the contract laws where do not provide for the remedy of specific performance or remedy of repairing the defect unless in limited circumstances. Nevertheless, the CPA has introduced the redress of remedying the defect which brings the law in line with reality by giving a consumer, in many cases. the remedy that he/she really wants. Malaysian Consumer and Family Economics Association (MACFEA) 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/9335/1/the_adequacy_of_remedies_in_consumer.pdf Amin, Naemah and Abu Bakar, Elistina (2012) The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia. Malaysian Journal of Consumer and Family Economics, 15 (2). pp. 39-53. ISSN 1511-2802 http://www.myjurnal.my/public/browse-journal-view.php?id=108 |
| spellingShingle | KPG Malaysia Amin, Naemah Abu Bakar, Elistina The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title | The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title_full | The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title_fullStr | The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title_full_unstemmed | The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title_short | The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia |
| title_sort | adequacy of remedies in consumer transactions special study in the motor vehicle repair and service industry in malaysia |
| topic | KPG Malaysia |
| url | http://irep.iium.edu.my/9335/1/the_adequacy_of_remedies_in_consumer.pdf |
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