The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?

The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?

Protection against sub-standard and unsafe products is one of the most important components in consumer protection law. It has thus been reflected in the Malaysian Consumer Protection Act 1999 (hereinafter referred to as the CPA) which provides several sections relating to quality and safety of cons...

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Bibliographic Details
Main Author: Amin, Naemah
Format: Article
Language:English
Published: Sweet & Maxwell Asia 2008
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/6576/
http://irep.iium.edu.my/6576/1/the_law_review.pdf
id iium-6576
recordtype eprints
spelling iium-65762012-07-05T08:32:52Z http://irep.iium.edu.my/6576/ The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products? Amin, Naemah K Law (General) KPG Malaysia Protection against sub-standard and unsafe products is one of the most important components in consumer protection law. It has thus been reflected in the Malaysian Consumer Protection Act 1999 (hereinafter referred to as the CPA) which provides several sections relating to quality and safety of consumer products. However in determining product quality and safety, the CPA adopts the so called "Consumer Expectation Test". Under this test, the product is considered defective if a reasonable consumer would find it defective. Whether the test could provide a readily ascertainable objective standard against which the quality and safety of a product can be measured by relevant parties is highly debatable. It is the aim of this paper to examine the nature of the consumer expectation test and its viability in setting a proper standard of product quality and safety. Since case law on the subject has not yet developed in Malaysia, reference will be made to the application and development of the test in other jurisdictions, particularly the UK and USA. The paper also considers alternative tests which are deemed to be more appropriate. Sweet & Maxwell Asia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6576/1/the_law_review.pdf Amin, Naemah (2008) The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products? The Law Review, 3. pp. 367-385. ISSN 1985-0891
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
The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
description Protection against sub-standard and unsafe products is one of the most important components in consumer protection law. It has thus been reflected in the Malaysian Consumer Protection Act 1999 (hereinafter referred to as the CPA) which provides several sections relating to quality and safety of consumer products. However in determining product quality and safety, the CPA adopts the so called "Consumer Expectation Test". Under this test, the product is considered defective if a reasonable consumer would find it defective. Whether the test could provide a readily ascertainable objective standard against which the quality and safety of a product can be measured by relevant parties is highly debatable. It is the aim of this paper to examine the nature of the consumer expectation test and its viability in setting a proper standard of product quality and safety. Since case law on the subject has not yet developed in Malaysia, reference will be made to the application and development of the test in other jurisdictions, particularly the UK and USA. The paper also considers alternative tests which are deemed to be more appropriate.
format Article
author Amin, Naemah
author_facet Amin, Naemah
author_sort Amin, Naemah
title The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
title_short The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
title_full The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
title_fullStr The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
title_full_unstemmed The Consumer Expectation Test under the Consumer Protection Act 1999: a viable test for determining the quality and safety of products?
title_sort consumer expectation test under the consumer protection act 1999: a viable test for determining the quality and safety of products?
publisher Sweet & Maxwell Asia
publishDate 2008
url http://irep.iium.edu.my/6576/
http://irep.iium.edu.my/6576/1/the_law_review.pdf
first_indexed 2023-09-18T20:15:36Z
last_indexed 2023-09-18T20:15:36Z
_version_ 1777407766337421312

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