The document summarizes key aspects of consumer protection legislation in Malaysia. It discusses the Consumer Protection Act of 1999, which establishes the National Consumer Advisory Council and Tribunal for Consumer Claims to protect consumers. It outlines protections for consumers against misleading practices and unsafe goods. It also describes implied guarantees for goods regarding title, quality, fitness for purpose, compliance with descriptions, and repairs. Consumers have rights against suppliers for breaches of these guarantees. The legislation provides for strict liability of manufacturers and suppliers for defective products. Claims can be brought to civil courts or the Tribunal for Consumer Claims.

1. CONSUMER PROTECTION
By: Nurul Ashiqin Shamsuri
nurulashiqin@ucsiuniversity.edu.my
Prepared for: BB 103

2. Consumer Protection Legislation
The consumer Protection Act 1999 provides for:
1) The protection of consumer
2) The establishment of the National Consumer
Advisory Council and the Tribunal for
Consumer Claims
3) Matters connected to consumer protection
advisory adj. 顾问的, 咨询的; 忠告的; 劝告的

3. Definition of “goods”:
Goods which are primarily purchased, used or
consumed for personal, domestic or household
purposes, and include fixtures, vessels and
vehicles but does not include negotiable
instruments, shares, debentures and money (s.3
SOGA 1957) fixture [n. 固定物, 设备 debenture [n. 公司债券

4. Protect consumer against:
a) Misleading and deceptive
b) False representation and unfair
practice
c) Ensures safety standards and
requirement for goods and
prohibits unsafe goods.
d) Provides guarantees in respect of
supply of goods, such as:
i. Implied guarantee as to title-s.31
ii. Implied guarantee as to acceptable
quality-s.32

5. iii. Implied guarantee as to fitness for particular
purpose. S.33
iv. Implied guarantee that goods comply with
description. S.34
v. Implied guarantee that goods comply with
sample. S.35
vi. Implied guarantee as to the price. S.36
vii. Implied guarantee as to repairs and spare parts.
S.37
viii. Manufacturer’s express guarantee. S.38

6. Part VI of the act- provides consumers with
certain rights against supplier in respect of
guarantees in the supply of goods.
Part VII- provides consumers with certain rights
against supplier in respect of guarantees in the
supply of goods.

7. Part 10 - concern product liability
Tribunal for Consumer Claims:
1. Hear claims of up to a value of RM10,000
2. No jurisdiction over land matters (except
fixtures), wills intestacy, goodwill, chose in
action, trade secret or intellectual property.
3. No representation by advocates and
proceedings are open to the public.
jurisdictionn. ： 司法权, 管辖权, 审判权 advocate ： 拥护 proceeding ：诉讼程序

8. 4. Agreed settlements and awards are final and
binding and deemed an order of Magistrate’s
Court and are enforceable.
5. Failure to comply with an award within
14days- fine up to RM5000 or 2 years
imprisonment or both.
6. Settlement ： 解决 award ： 判决 deemed ： 被认为 binding ： 有约束力

9. Product liability
CPA 1999
It should be noted that the CPA generally DOES
NOT APPLY to contracts made before 15th Nov
1999, securities, future contracts, land or
interests in land and trade transactions effected
by electronic means.
transaction n. 交易, 执行, 办理

10. The provisions of the CPA regarding product liability
envisage strict liability on the part of the parties
specified therein, to the extent that the consumer does
not have establish fault.
However, the consumer will still have to prove that the
product was in fact defective and that the defect
caused him injury or loss.
The CPA also overcomes issues of privity that would
normally arise in contract.
envisage v. 想像, 设想; 正视, 面对 specific n. 特性; 详情; 特效药; 详细说明 adj. 特殊的, 具有特效的, 明确的
therein adv. 在其中, 在那一点上, 在那里

11. In practical terms, it is the manufacturer and
supplier of the defective product who face
increased potential liability under CPA.

12. The legislature’s intent in ensuring that
consumers’ rights and remedies under the CPA
are preserved is evidenced by the facts that any
choice of the law clause in the contract of sale
which applies the law of another country will be
ousted.
If the clause appear to have been imposed
wholly or mainly for the purpose of enabling the
party imposing it to evade the operation of the
CPA.
legislature n. 立法机关, 立法院, 议会 intent n. 意图; 意向; 目的adj. 专心的; 热心的; 决心的 clause ：条款 evade：逃避
remedy n. 药物, 补救, v. 治疗, 矫正, 补救 oust v. 驱逐, 撵走; 剥夺 impose v. 征; 把...强加于; 加于; 利用; 施影响; 欺骗

13. In addition, parties are not only prohibited from
contracting out of the CPA, but it is in fact an
offence for the manufacturer or supplier of the
product to do so.
A consumer can elect to bring his claim before
either:
-The Civil Court; or
-The Tribunal for Consumer Claims.
-offence n. 犯罪, 违反, 冒犯 tribunal n. 法官席, 法庭, 法院

14. Most claim of significance will be brought in the
civil courts, given that the Tribunal’s jurisdiction
to award compensation is presently limited to
RM25,000 unless the parties otherwise agreed.
jurisdiction n. 司法权, 管辖权, 审判权 award v 颁发 compensation ： 补偿

15. Tort
• Although CPA has been in force for more than
10 years, its provisions are seldom relied upon
by consumers, who instead tend bring product
liability claims solely based on the common
law tort of negligence.
• provision [pro·vi·sion || prə‘vɪʒn] tort [tɔrt /tɔː-] n. 民事侵权行为 rely [re·ly || rɪ'laɪ]v. 依靠, 依赖; 信赖, 相信; 指望
n. 供应; 防备; 预备; 食物
• v. 向...供应粮食
• negligence [neg·li·gence || 'neglɪdʒəns]
• n. 疏忽, 粗心; 随便, 不修边幅; 疏忽行为
• claim [kleɪm]
• n. 要求; 要求权; 权利; 所有权
• v. 要求; 声称; 认领

16. • With regards to negligence, the plaintiff will
normally sue the manufacturer and/or
supplier of the defective product, and will
have to establish fault on the part of the
defendant.
• In such a situation, the question of privity of
contract does not arise.
• plaintiffn. 起诉人; 原告
• defective adj. 有缺陷的; 欠缺的 defendant n. 被告
• privity n. 私下知悉, 默契
• arise v. 升起, 上升; 起立; 产生, 形成, 出现; 复活

17. • The plaintiff can establish liability on the part
of the defendant if he can prove that the
defendant:
1)Owed him a duty to take reasonable care in all
the circumstances of the case
2)That the defendant breached the duty, and
3)That the damage or injury suffered by the
plaintiff was reasonable foreseeable.
• prove v. 证明, 证实; 查验; 表现, 显示; 检验; 证明是; 原来是
• foreseeable adj. 可预见到的

18. • There is a little doubt that in the case of a
defective product, the manufacturer owes a
duty to the purchaser of the product to take
reasonable care in manufacturing and
designing the product, or any components
used in the assembly of the product.
• owe v. 欠, 感激, 受到...的思想; 欠钱

19. Contract
• The purchaser of the defective product can
sue the party from whom he purchased the
product for breach of contract, and recover
any loss or damage suffered, upon
establishing that the party concerned has
breached the contract of sale.
• Defective :有缺陷的

20. • In most situation the party to the contract will
be the supplier.
• Given that the doctrine of privity of contract
dictates that the suit can only be brought
against the actual party to the contract,
manufacturers are seldom sued and there is
usually NO contractual relationship between
the manufacturer and the purchaser.
• Doctrine : 教条 privity ： 默契 dictate ： 规定seldom： 很少

21. • However, the manufacturer may on occasion
independently undertake liability to the
purchaser (e.g through a warranty), in which
case he may be liable.
• In addition to the normal contractual terms,
condition may be implied in certain
circumstances by SOGA 1957 to the effect that
the product shall reasonably fit for purpose
for which it is required and that the product
shall be merchantable quality.
• Occasion ：场合 warranty ： 根据 保证 liability ： 责任 undertake ：承担 liable： 有义务的
• Term ：n 期间期限 reasonably ：adv 适度的 merchantable： 有销路的
•

22. • However, these terms are frequently excluded
by the terms of the contract of sale.
• Where CPA does not apply, the extent of the
supplier's contractual liability will inevitably
depend on the terms and conditions of the
contract, and the supplier can choose to
exclude or limit his liability if he so wishes.
• exclude
• v. 除外, 拒绝, 排除
• extent
• n. 范围, 区域, 程度

23. Thank You