Abstract
The scope and meaning of remedies are very wide and almost every legal question could be posed in terms of remedies. Remedy is used to redress or prevent a right which is legally recognised hence remedy is the means by which a right is enforced or by which the violation of a right is prevented or compensated. In the law of contract, remedies are often linked with rights, whereby in breach of contract, damages are available as a matter of right. Rights and remedies are intertwined, the right derives from the remedy and as a matter of sequence the remedy precedes the right. Consequently, the absence of a remedy points to the non-existence of a legal right. In Malaysia, the advocacy of the consumer rights effected the government to enact Consumer Protection Act 1999 (CPA1999) which aims to provide a comprehensive scheme of protection for consumers. However, the CPA 1999 failed to recognise that in order to establish the rights of consumer, its remedies shall be sufficiently redress the consumers in time of breach. Regrettably, the CPA 1999 does not provide sufficient statutory remedies for consumers. Besides the CPA 1999, the Acts that govern the consumer sales of goods contracts include the Contract Act 1950 (CA 1950) and the Sales of Goods Act 1957 (SOGA 1957) which caused many problems in the remedies of consumer sales of goods contracts. This article critically analysed the problems underlying the statutory provisions in Malaysia that governing the contractual remedies of consumer sales of goods contracts. By adopting pure legal research methodology, this article analysed the relationship between right and remedies in the scope of consumer protection. The statutory provisions governing consumer sales of goods remedies will be critically evaluated in order to highlight the insufficiency of the contractual remedies for sales of goods contracts in Malaysia. DOI: 10.5901/mjss.2016.v7n2p142
Highlights
The evolution of globalisation which characterized by the liberalisation of capital movements, the deregulation of major financial markets and the spread of neo-liberal beliefs in the merits of open and competitive trade have changed the world social economy
The law of consumer protection fails in many ways to achieve the objectives CPA 1999 fails to provide adequate remedies for consumer contract of sale of goods
The remedies for the consumer sale of goods contract are still left in the faith of the general principles of the contract law
Summary
The evolution of globalisation which characterized by the liberalisation of capital movements, the deregulation of major financial markets and the spread of neo-liberal beliefs in the merits of open and competitive trade have changed the world social economy. With the advancement of the information technology and technology communications, it has not just change the environment of consumer transactions and posed potential risks that affected the consumers’ right as a whole. Greater integration and convergence of global trade into the national economies have inserted uncertainties and risks to the domestic policies and goals (Linda Low, 2003). These effects have force the developing countries to adjust their countries’ policies which based on the concept of social welfare protection to the concept of trade liberalisation so as to remain competitive in the global economies. The culture of not to involve in the domestic policies of the countries have weaken the social welfare protection especially for consumer protection in the region. With the absence of effective negotiation and agreement, remedies for consumer contract are the only tool that available to redress the consumer for such imbalance in term of breach
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
