Sale of Goods

Sale of Goods 

• A sale of goods is the most common type of commercial contract.
• In Peninsular Malaysia, the statute applicable to sales of goods is the Sale of Goods Act 1957 (SOGA) while Sabah and Sarawak uses CA and the principles of English law.

Sec 4(1) : "A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property on goods to the buyer for a price." 

Sec 5(1) : "A contract of sale is made by an offer to buy or sell goods at a price and by the acceptance of such an offer".  

Taken from : southernalpha.com

Goods 

Sec 2 : "Every kind of moveable property other than actionable claims and money, and includes stocks 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"

• Based on the above definition, all moveable property are considered as goods except immoveable property (land), actionable claims like debts or pending settlements of claims and money, trees and fixtures attached on earth and not severed. 

Types of Goods

Sec 6(1) : "The goods which may form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods".

• Existing goods - goods which are already owned or possessed by the seller at the time of the contract of sale.

•  Future goods - goods that are to be manufactured or produced or acquired by the seller after the making of the contract of sale. 

Source: PLC0015 Introduction to Commercial Law