| Category | Assignment | Subject | Law |
|---|---|---|---|
| University | INTI International University | Module Title | LAW2220E Business Law |
I certify that this assignment is my own work and where materials have been used from published sources, they have been properly acknowledged. I understand I will receive a mark of 0% for this assignment and may receive further penalties if the content is found to be plagiarised.
Signed: ____________________________________________
Date: _____________________________________________
The present law governing the sale of goods in force throughout Malaysia is a very close copy of the English Sale of Goods Act 1893 which itself was largely a codification of decisions rendered by the English Courts of common law during the course of the nineteenth century. The law governing the every day transactions of the buying and selling of goods is that representing the outlook and marketing conditions of the England of the years of the industrial revolution.
A statute which was concerned with the business practices of the mid-nineteenth century determines the rights and duties of the consumer in the vastly different society of today. In Victorian England the marketing of goods was an uncomplicated process, when most articles were “custom made” and the success of a manufacturer depended on his reliability and the excellence of his product. Mass production with its assembly-lines and the supply of myriad components by sub-contractors was as yet unknown.
Nation-wide distribution of these mass produced goods by means of a complex system of wholesalers, distributors, and local “agents” was a thing of the future; while the existence of highly organized marketing departments, where manufacturers could plan massive sales promotion campaigns and influence consumer demand in a dozen different ways through the media of press, radio and television, was as yet undreamed of.
In the nineteenth century, the relationship between manufacturer and consumer was a fairly close one; individual contracts were negotiated to fit the circumstances of each transaction; the use of credit in the purchase of goods was quite exceptional, a man buying only what he could afford to pay for in full; and the items he bought were uncomplicated and open to view and he could usually see by inspection if he was getting value for money.
This was a far cry from the marketing practices of today where the era of the supermarket and the self-service store has given rise to the packaging of goods in sealed containers which defy inspection, and where in any case many consumer goods are so complex and of such intricate design that an inspection would convey nothing about the quality of the article to the average purchaser.
Critically examine the current legal framework relating to sale of goods in Malaysia having regard to improvements which can be made to make the law more effective.
The law on the sale of goods is important because it protects both buyers and sellers by clarifying their rights and responsibilities, ensuring fair trade practices, preventing fraud, and providing legal remedies for breaches of contract. It establishes legal clarity and smooth operation of the economy by defining aspects like the transfer of ownership, implied warranties of quality and fitness, and consumer protection, ultimately minimizing disputes and fostering trust in commercial transactions.
Students are required to write an academic assignment based on the statement above. Students need to know the basic provisions governing sale of goods in Malaysia and the issues relating to the law.
Students are required to analyse the legal provisions under the various laws and to examine their adequacy in dealing with the issue of sale of goods. Reference could be made to legislation in other jurisdictions.
Outstanding students should analyse the provisions of the respective laws and regulations having regard to the gaps in the legal provisions.
The following marking criteria should be kept in mind while doing the analysis.
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Good | Average | Weak/Fail | Marks Allocated | ||
| Use of appropriate references. Quality of references. Width and depth of references | 18-20 | 15-17 |
|
0-9.8 | |||
| Application of relevant laws, theories and models including decided cases. | 18-20 | 15-17 | 10-14 | 0-9.8 | |||
| Critical review of relevant laws, theories and models including decided cases. | 18-20 | 15-17 | 10-14 | 0-9.8 | |||
| Recommendations and suggestions for improvements | 18-20 | 15-17 | 10-14 | 0-9.8 | |||
| Structuring, formatting, writing style and overall presentation | 18-20 | 15-17 | 10-14 | 0-9.8 | |||
| TOTAL MARKS | /100 |
Your report should contain the following:
Please use the cover page provided by the lecturer.
It is compulsory to use Turnitin or Safe-Assign to check the plagiarism level of your work.
Please adhere to Harvard referencing.
For details refer to:
All coursework submitted must include the signed coversheet.
Students MUST keep a copy of all submitted work for reference purposes prior to the original being handed in and returned. This will provide proof that the work was completed, in the event that the work goes astray.
All work must be submitted in the mode instructed by the Module Leader.
Work submitted under the student’s ID must only be the work of that student. All information sources must be acknowledged, by providing a reference to the source both within the text and in the form of a reference list and/or bibliography at the end of the submission. Not to do so is plagiarism, which is academic misconduct and will be dealt with as set out in the rules and regulations of INTI University.
You should provide your word count at the end of your report or essay. This should exclude your abstract, contents page, reference list and/or bibliography and appendices. You must not exceed the permitted word count by more than 10%. If your work is significantly shorter, you will probably have failed to provide the level of content required.
If you submit work after the submission deadline, you will fail in the coursework component. However, the Module Leader may comment on the quality of the work for learning purposes. The only exception to this is if you experience very serious circumstances which prevented you submitting your work on time, in which case you can apply for “extenuation”. For more information you may refer to your lecturer.
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