Implied terms in the contract of sale of goods
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This thesis is on the law of implied warranties in the sale of goods in the United Kingdom and Malaysia. The first chapter discusses the history of the law of sale which dated back to the Roman law. It was received into Europe and England through the law merchant. The law merchant and the common law then developed the law on implied warrantiesChapter two consists of a discussion on the codification of the law of sale in the United Kingdom in the nineteenth century and also the problems that were created by the Sale of Goods Act 1893, in particular in relation to implied warranties.The subsequent three chapters, three, four and five, are on implied warranties of conformity with description, merchantable quality and fitness for purpose, respectively. Elements in the relevant provisions are discussed in relation to decided cases. A comparison is made with the Uniform Commercial Code and the Vienna Convention on the International Sale of Goods.The law on exemption clauses is discussed in chapter six. Chapter seven is a review of the implied warranties in the contracts of sale of goods in other common law countries like the United States of America, Australia and New Zealand.Finally, in chapter eight, the study turns to consider the Malaysian experience on the subject, highlighting the problems and possible solutions.