Malaysia legislation

Section 2

of SALE OF GOODS ACT 1957

Section 2

In this Act, unless the context otherwise requires—

“buyer” means a person who buys or agrees to buy goods;

“delivery” means voluntary transfer of possession from one person to another; goods are said to be in a “deliverable state”

when they are in such state that the buyer would under the contract be bound to take delivery of them;

“document of title to goods” includes a bill of lading, dock warrant, warehouse keeper’s certificate, wharfinger’s certificate, railway receipt, warrant or order for delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”

–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).

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“fault” means wrongful act or default;

“future goods” means goods to be manufacture or produced or acquired by the seller after the making of the contract of sale;

“goods” means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;

a person is said to be “insolvent” who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not;

“mercantile agent” means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods;

“price” means the money consideration for a sale of goods;

“property” means the general property in goods, and not merely a special property;

“quality of goods” includes their state or condition;

“seller” means a person who sells or agrees to sell goods;

“specific goods” means goods identified and agreed upon at the time a contract of sale is made; and any expression used but not defined in this Act which is defined in the Contracts

Act 1950 [Act 136], shall have the meaning assigned to it in that Act.

Section 2 — SALE OF GOODS ACT 1957 | mylaw.my