QUESTION 1.

Danny bought Levi’s jeans from Levi’s shop in Shah Alam, Selangor that specialized in selling goods of that description. After wearing it for a short time, he developed severe dermatitis because the garment contained chemicals left over from processing the cotton. James, the manager of the shop was told he could be sued for breach of section 16(1)

(a) of the Sale of Goods Act 1957. James later discovered that the Malaysia Sale of Goods Act 1957 was based on the Sale of Goods Act 1893 of the United Kingdom. The Sale of Goods Act 1893 has now been replaced by the Sale of Goods Act 1979. James wants to know whether the court can apply the Sale of Goods Act 1979 of the United Kingdom in deciding his case.

a) Concerning the Civil Law Act 1956 (Revised 1972), advise James.

b) Would your answer be different if James is doing business in Kuching, Sarawak.