CONTRACTUAL OBLIGATIONS IN THE PASSING OF PROPERTY FOR SALES OF BULK GOODS UNDER MALAYSIAN LAW: THE ROLE OF EQUITY

Author(s):

Dr. Assaduzzaman & Neoh Joon Kee

A contractual obligation requires both buyer and seller to make payment for and to deliver the goods, respectively. Failure to comply these obligations by either party, principle of equity requires that the other party is able to compel the party found to be in non-compliance to accomplish the same. Similar obligation is to be observed in relation to the sale of property in goods which requires failure to transfer the ownership has to be remedied. Malaysian law requires the delivery of property in goods to the buyer, failure to do so the buyer may sue the seller for damages for nondelivery. However, there may be situations where both parties performed their obligations respectively but neither payment nor property in goods is recoverable. This paper is going to examine whether existing law provides any remedies relating to the above issue or equitable principle shall be applicable in providing the remedies.

Abstract

Screenshot 2018-11-11 at 4.19.27 PM.png

Ubi jus ibi remedium , Sale of Bulk Goods, Role of Equity, Contractual Obligations, Passing of Property