Implied terms in the contract of sale of goods

• Main Author: Yusoff, Mahanoon
• Published: University of Edinburgh 2000
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.657201

This thesis is a study of the origin and development of the law of implied warranties in the United Kingdom and Malaysia. The first chapter is on the consensual contract from which the doctrine of implied warranties originated and developed. Chapter two traces the historical background of England in order to understand the influences that went into the masking of the doctrine of implied warranties in the country. Chapter three takes a look at the law in Scotland before and after 1856 and the process of the codification of the Sale of Goods Act 1893. A further development of the implied warranties under the various Acts is also discussed in this chapter. The three subsequent chapters, chapters four, five and six, are on the implied warranties of conformity with description, merchantable quality and fitness for a particular purpose, respectively. Elements in the relevant provisions are discussed in relation to decided cases. A comparison is made with the Univorm Commercial Code and the Vienna Convention. Chapter seven is on the law of exemption clauses as it developed through the various enactments. And finally, in chapter eight, the study turns to consider the Malaysian experience on the subject. The final chapter takes a look at the implied terms in the context of Malaysian law by highlighting the problems and possible solutions.