The Sale of Goods Act 1957 (Malaysia) provides certain implied conditions and warranties for a sale contract to protect the interest of buyers. These implied conditions and warranties are as follows:
• It is an implied condition that the seller must have a right to sell the goods;
• It is an implied warranty that the buyer shall have and enjoy quiet possession of the goods;
• It is an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made;
• Where there is a contract for sale of goods by description there is an implied condition that the goods shall correspond with the description;
• The goods should be reasonably fit for the buyer's purpose;
• The goods should be of merchantable quality if bought by description from a seller who deals in goods of that description;
• In case of a contract for sale by sample in quality there is an implied condition that the bulk shall correspond with the sample in quality and the buyer shall have reasonable opportunity to compare the bulk with the sample.
It is necessary to consider the extent to which these terms are applicable to contracts executed online
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