International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

INSTITUTING CONSUMER CLAIMS FOR DEFECTIVE PRODUCT AGAINST MANUFACTURERS UNDER THE MALAYSIAN LAWS
Junaidah Abd. Karim, Wan Izatul Asma Wan Talaat

Abstract
Prior to the promulgation of the Consumer Protection Act 1999 (CPA) in Malaysia, there are countless obstacles to bring action against manufacturer for defective product under the common law of tort. It was also almost impossible to impose direct liability on manufacturer based on contract due to the doctrine of privity of contract, which necessitates the claimant to have some sort of contractual relationship with the manufacturer, which are seldom. However, the enactment of CPA has brought some major changes in improving consumers’ right against manufacturer. Nevertheless, the question remains on to what extent have CPA lessened the difficulties. This paper generally explores the possible grounds to hold a manufacturer liable for producing defective product under the CPA. The specific objective of this paper is to examine major challenges that may impede consumers’ claim against manufacturer of defective product under contract, tort as well as the CPA. Recommendations for reform with respect to consumer claims against manufacturer of defective product may also be brought forth to enhance the consumers’ rights and protections.


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