The Concept of Fitness for Purpose of Goods in Malaysian Today’s Online Contract: Issues and Challenges

Abstract

The advanced technology and the user-friendly features of many e-commerce websites in Malaysia make many Malaysian consumers opt to buy their necessities using online platforms rather than the traditional face-to-face method. When the Prime Minister made an announcement of the Movement Control Order as a preventive step, consumer’s behavior has rapidly changed where e-commerce become their main preference to shop their basic necessities. Thus, the online platform needs to make some reasonable steps to ensure all the sellers comply with the requirement of fitness for the purpose of the product bought by the buyer. This paper highlights the principles of fitness for purpose of goods in Section 16 (1) (a) of Malaysian Sale of Goods Act 1979 and the consequence of the breach based on systematic literature review. This paper also investigates the application of implied terms as to the fitness for purpose of goods in online platforms using the content analysis method. Some tips in buying goods through the online platform and the suggestions to the online platforms to ensure the practice is consistent with the current law in Malaysia are also included in this paper. Keywords—Consumer, Fitness for Purpose, Implied Term, Online Contract, Sale of Goods