Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999

Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999

The inclusion of provisions relating to a supply of services in the Consumer protection Act 1999 (the CPA) is very significant in the development of the law of services which previously has been left behind compared to the law on sale of goods. With the main aim of protecting consumers against sub-s...

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Main Authors: Amin, Naemah, Abu Bakar, Elistina
Format: Article
Language:English
Published: American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/15475/
http://irep.iium.edu.my/15475/
http://irep.iium.edu.my/15475/1/2350-2356.pdf
id iium-15475
recordtype eprints
spelling iium-154752015-09-14T08:45:11Z http://irep.iium.edu.my/15475/ Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999 Amin, Naemah Abu Bakar, Elistina K Law (General) KPG Malaysia The inclusion of provisions relating to a supply of services in the Consumer protection Act 1999 (the CPA) is very significant in the development of the law of services which previously has been left behind compared to the law on sale of goods. With the main aim of protecting consumers against sub-standard, defective or ineffective services, the CPA creates a number of statutory implied guarantees. The Act also introduces an entirely different remedial scheme for breach of the guarantees which are supposed to offer new and more practical remedies to consumers. Adopting the method of content analysis, this paper focuses on examining the nature and types of remedies available for consumers in cases of services failure. It analyses the extent to which these remedies are adequate in compensating consumers’ loss, dissatisfaction or disappointment. The central of discussion is on Part IX of the CPA which deals with the rights of consumers against suppliers in respect of guarantees in the supply of services. A new regime of statutory remedies appears to be more practical and useful to the consumer particularly the right to demand the supplier to rectify the failure in the services. Nevertheless, after scrutinizing the CPA in depth, it is discovered that the remedial scheme is hampered by many limitations and is not necessarily more favourable to the consumer in all cases. The paper thus offers some recommendations to remedy the present flaws in the CPA for the betterment of consumers in Malaysia. American-Eurasian Network for Scientific Information (AENSI), Jordan 2011-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15475/1/2350-2356.pdf Amin, Naemah and Abu Bakar, Elistina (2011) Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999. Journal of Applied Sciences Research, 7 (13). pp. 2350-2356. ISSN 1819-544X http://www.aensionline.com/jasr.html
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Amin, Naemah
Abu Bakar, Elistina
Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
description The inclusion of provisions relating to a supply of services in the Consumer protection Act 1999 (the CPA) is very significant in the development of the law of services which previously has been left behind compared to the law on sale of goods. With the main aim of protecting consumers against sub-standard, defective or ineffective services, the CPA creates a number of statutory implied guarantees. The Act also introduces an entirely different remedial scheme for breach of the guarantees which are supposed to offer new and more practical remedies to consumers. Adopting the method of content analysis, this paper focuses on examining the nature and types of remedies available for consumers in cases of services failure. It analyses the extent to which these remedies are adequate in compensating consumers’ loss, dissatisfaction or disappointment. The central of discussion is on Part IX of the CPA which deals with the rights of consumers against suppliers in respect of guarantees in the supply of services. A new regime of statutory remedies appears to be more practical and useful to the consumer particularly the right to demand the supplier to rectify the failure in the services. Nevertheless, after scrutinizing the CPA in depth, it is discovered that the remedial scheme is hampered by many limitations and is not necessarily more favourable to the consumer in all cases. The paper thus offers some recommendations to remedy the present flaws in the CPA for the betterment of consumers in Malaysia.
format Article
author Amin, Naemah
Abu Bakar, Elistina
author_facet Amin, Naemah
Abu Bakar, Elistina
author_sort Amin, Naemah
title Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
title_short Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
title_full Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
title_fullStr Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
title_full_unstemmed Remedies for breach of implied guarantess in a contract of supply of services under the Malaysian Consumer Protection Act 1999
title_sort remedies for breach of implied guarantess in a contract of supply of services under the malaysian consumer protection act 1999
publisher American-Eurasian Network for Scientific Information (AENSI), Jordan
publishDate 2011
url http://irep.iium.edu.my/15475/
http://irep.iium.edu.my/15475/
http://irep.iium.edu.my/15475/1/2350-2356.pdf
first_indexed 2023-09-18T20:24:28Z
last_indexed 2023-09-18T20:24:28Z
_version_ 1777408323936583680

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