Hak Pengguna Dan Liabiliti Kontraktual Pengilang Di Malaysia- Bermulanya Satu Fasa Baru

Abstract

Manufacturers are key players and movers of the global economy. As such, there is a pressing need for proper regulatory framework for them. Prior to 1999, the civil liability of a manufacturer towards consumers was governed by the principle of negligence in Donoghue v Stevenson. Rigours of the burden of proving negligence called for a solution by virtue of contractual liability towards manufacturers. Unfortunately, this mechanism is hampered under this cause of action by the ever powerful doctrine of privity of contract that had found a firm foothole in this country via the Privy Council’s decision in Kepong Prospecting Ltd & Ors v Schmidt. A new phase in contractual liability emerged with the coming into force of the Consumer Protection Act 1999. This paradigm shift gives room to consumers; buyers and non-buyers; the ability to bring a direct action against manufacturers who fail to comply several implied guarantees stipulated under Part VII of this 1999 Act. This article endeavours to explain this new phase introduced by the Consumer Protection Act 1999 in terms of manufacturers’ contractual liability that is seen to be the beginning of third party contractual rights against manufacturers and erosion of doctrine of privity in Malaysia.