Sale of Goods

At some point, we can't stop cursing the slickest thing about lawyers' for defending some laws that in emotional or common sense, shouldn't be that way. For the record, we also should truly pity their hardship on learning every single thing and actually protecting the human rights'. The amount of studies and researches that they have to put on or reviewed through is far way more, and in fact, historians' reading may not be as much as them. While historians things are from the past, lawyers' element are from the past, now and future. And with every business when we usually talk, we use the terms, friends are friends, and business means business. Just the same for lawyers, friends are friends, the rightful laws should remain as the rightful laws.

Although whatever I type maybe blabbing, but do not find it pointless for our next topic. Lawyers are the one that got us be more aware especially in purchasing our items and our rights as a consumer.

Let's start with the introduction.
The nature of Sales of Goods contract is just a little variation from some of the definition of contract law and company law whereby, "A contract of sale of goods is a contract whereby a seller transfers or agrees to transfer the property in good to the buyer for a PRICE(s.4(1)). Note the bold and capital words as it is something very essential to be aware of. The transfer of property in good is very important in the contract to state the VALUE OF OWNERSHIP that this contract shall shift the value of one to the other who purchased it. At the same time, we go for PRICE. The reason it is important to note that price in this context means sale, as if the statement is written without price, it simply means a GIFT. As a gift is a transfer of ownership as well, but without the price tags there.

In Malaysia, under Section 2 of Sales of Goods Act, Goods are defined to two categories namely i) goods may be either existing or future goods and ii) every kind of movable property.
By this definition the second one do seem ambiguous at some point, thus, the act have some exclusions so that it wouldn't confused the public. The acts excludes any actionable claims, money and land, as they are immovable. In addition to that, it includes growing crops and grass, stock and shares and things attached but severable to land.

Last but not least in this introductory of post of SOG, the most important elements with regard to the formation of contract are succumbed to three main points namely Parties to Contract, Offer and Acceptance (just like in contract law) and Price. Parties to Contract is rather simple as we know that whenever you want to buy something, there must be someone selling. Offer and Acceptance talks with regard that a price is offered by either party, upon agreed will become promise and for the contract to be established. Thus, according to s. 5(2) of SOGA, the offer and acceptance may be made in writing or/and by word of mouth or implied from conduct.

The final elements that shows the differences among other laws will be again, PRICE. In price, the contract can be formed in 4 various vital points.
The price can be fixed in various manners as;

1. Fixed by contract - that means it is bound by a contract for the price of the products
2. Left in a manner to the agree, eg. 3rd party
3. Determined by course of dealing of the parties
4. By subject to a reasonable price