Definition Sale of Goods Act 1957 (SOGA)

The contract of sale of goods is governed by the Sale of Goods Act 1957 (hereinafter referred to as “SOGA”). The Act applies to contracts for the sale of all types of goods, including second-hand goods and makes no distinction between commercial sales. The SOGA applies to Peninsular Malaysia except Sabah and Sarawak. The law in these two states is governed by section 5 (c) of the Civil Law Act 1956. Under Section 4(1) of SOGA states a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.

From the above definition, there are 3 main ingredients in a contract of sale of goods. Firstly, there must be goods which are to be transferred to the buyer. Secondly, the seller transfers or agrees to transfer the property in goods to the buyer. Lastly, there is a price for the said transfer. The objective of the contract of sale of goods is the transfer of ownership of the goods to the buyer for money consideration. Sale occurs when the ownership or property in goods passes to the buyer. According to section 2 defines buyer is a person who buys or agrees to buy goods meanwhile; seller is a person who sells or agrees to sell goods.

According the general rule, reliance on the seller’s skill and judgment states the buyer must establish that he had relied on the seller’s skill and judgment before purchasing the goods. Besides, the degree of reliance is a matter of reasonable inference from the circumstances of each case. That which is far from clear is the question of how far disclosure of the purpose for which goods are required will raise a presumption that reliance is being placed upon the seller’s skills and judgment.

Besides, the goods must not have been bought under patent or trade name. The proviso to section 16 (1) (a) states that ‘in the case of a contract for the sale of a specified article under its patent  or other  trade name there is no implied condition as to its fitness for any particular  purpose’. This has been interpreted to mean that if a buyer asks for specific goods under a patent or trade name with the impression that he is not relying on the seller’s skill or judgment, then he cannot later complain if the goods bought are not fit for the purpose which he requires them.

Relevant Case: Grant V Australian Knitting Mills

In this case, Mr. Grant bought some underwear made by Australian Knitting Mills (AKM) from a store in Adelaide.  Mr. G suffered dermatitis as a result of wearing the underwear.  It was later discovered that the condition was caused by an excessive use of chemicals in the manufacturing of the underwear. The court held that reliance usually arises by implication from the circumstances. For instance, of a purchase from a retailer the reliance will be inferred from the fact that a buyer goes to the shop in the confidence that the seller has selected his stock with skill and judgment.

Relevant Case: Baldry and Marshall

In this case, the buyer had asked the dealer for a car suitable for touring. The dealer recommended a Bugatti car. A contract for the sale of a Bugatti car was made. It was later found that the car was not suitable for touring. The court held that the dealer was liable because the buyer had relied on the dealer’s skill and judgment in the selection of a car suitable for the buyer’s stated purpose even though it was sold under a trade name.

Disadvantages of Economic Development

Economic development is a process of economic growth with an improvement in socio-economic and technological advancement. Economic growth refers to the continue increasing of Gross Domestic Products (GDP) or Gross National Products (GNP) or the ability of a country to produce more goods and services every year. There are 3 disadvantages of economic development such as social problems, pollution, and the existence of income gaps contributes.

Firstly, one of costs economic development is social problems. Social problem is a condition that at least some people in a community view as being undesirable. Every newspaper is filled with stories about undesirable social conditions. Examples include crime, violence, drug abuse, and environment problems. Such social problems can be found at the local, state, national and international levels. Basically, social problems effect of economic development through attitude of the citizen of the country toward the progress. The society actually represents as the value of achievement, personal gain and accumulation of wealth and things generally. In the case of social problems in Malaysia, this problem occurs due to the western culture influence. For instance, the build-up of the night club may affect the environment influence of Malaysia such as drug abuse, and the activity of prostitution. These will make the well-mannered and the custom of Malaysia will erode by this influence.

The next point is the pollution. Pollution is the addition to the ecosystem of something which has a detrimental effect on it. One of the most important causes of pollution is the high rate of energy usage by modern and growing population. Pollution has serious implications for economic growth and welfare because of its impact on health, resource depletion, and natural calamities linked to climate change. The manufacturer or company will emphasize of their profit by using of the new technology. But it is a make a higher cost to use on their operation. Therefore, they will cut down on their cost for buying the advancement of technology machine in their production. It will lead to them to ignore the environment. In the part of social welfare, the pollution will make the implications on society health. Besides, on the physical effects of pollution is the result of oil spills. The marine life such as fish and plankton will be destroyed by the pollution. In this case, the fisherman will loss of their income and the price of fishes will be increases due to the inflation.

Last but not least, the existence of income gaps contributes one of the costs economic developments. An income gap refers as the unequal distribution of household or individual income across the various participants in an economy. Economy inequality varies between societies, historical periods, economic structures, system of economic and between individuals’ abilities to create wealth. Such capitalism economy or known as laissez-faire, every individual in the country has a right to acquire private ownership of resources. Individuals can own the resources and they can accumulate property and use it as they choose.  In the economic developments, the income inequality will disappear when there are exists a group of people conquer the asset or equity. In addition, there are several reasons contributing to this situation and among others such as difference in human skills and ownership, difference access to capital, educational attainment and the employment pattern. In a nutshell, the rich become richer, the poor become poorer.

Culturally Competent

In this era of globalization, meeting persons from other countries happens often. It is called cross-cultural communication. Without proper understanding of it, misunderstandings can occur, especially in the workplace. Much care should we put forth when communicating with foreigners because we might offend them without intending to do so.

People who practice high-context communication do not explicitly say what they want to convey. They do this to preserve and strengthen relationships. Europeans, however, practice low-context communication. For them, the spoken word carries most of the meaning. The use of verbal message is explicit, while non-verbal elements, limited.

The French believe that as long as the person does a good job, then he or she is a good manager. They prefer to separate work and personal life. They believe that relationships do not have much effect on work. For them, people can work together without having good relationships.

Hence, without proper understanding of cross-cultural differences, a person will have problems communicating and interacting with another from a different background. In conclusion, we need to be culturally competent to interact globally.

Cash Flow Is Important Of your Business

The phrase "Cash is King" has never been more true in business than it is today. Unfortunately, while many companies are finding themselves short on cash, lending requirements have become extremely stringent. Moreover, increasing sales do not always equal increased cash flow, especially if the sales are credit sales.

Managing your cash flow effectively requires close attention, just like managing the rest of your business. The good news is that a little attention can go a long way towards increasing the cash balance at the bank. As with all good things, a little work is required so let's look at how you can improve some of your operating processes to increase cash flow.

Here are a few tips that can have an almost immediate impact on your cash flow and cash position.

1. Set a price and term policy, then stick to it.

Make sure all employees understand the importance of discussing pricing and payment terms during the sales process. When Customers delay payments, they are using your cash and costing you money. Basically, you are financing their business. Be diligent about setting payment expectations right from the start with your customers.

2. Offer payment options.

Do you only accept cheque? Offer other options such as electronic transfer, wire payment, or credit card. Make it easier for customers to pay you.

3. Customer Deposits.

If you are offering aggressive pricing or giving concessions, do not be afraid to ask for something in return. This is a great time to ask your customer to pay a deposit at the time of order, or prior to starting a job. This helps cover your up-front costs, and the risk associated with non-payment is decreased when your customers has some investment in the transaction.

4. Send out invoices in a timely manner and follow up promptly

The quicker you send out the invoice, the sooner the clock starts ticking for a customer to pay. Send out invoices, and follow up immediately with courtesy call is not a collection call, but a call just to check with the customer to make sure the invoice has been received.

Remember, cash flow is the life blood of your business. Making changes to your operating processes to promote positive cash flow is a way to keep your business healthy, vibrant, and able to meet its obligations.

Source: 1Klassifieds Team.

Top 25 Places Experience In Visit Malaysia 2014 (PART 1)

Here, i will list top 25 places you should go in order to get a great experience in Visit Malaysia 2014. For this time, i will share with you only 5 places . You can continue reading on my post Top 25 Places Experience In Visit Malaysia 2014 (PART 2) , Top 25 Places Experience In Visit Malaysia 2014 (PART 3) , Top 25 Places Experience In Visit Malaysia 2014 (PART 4), and Top 25 Places Experience In Visit Malaysia 2014 (PART 5) . The sources totally I take from Tourism Malaysia website. So, if you wanted  a further information, you can visit the website.

First and foremost, I wanted to briefly a little bit about Malaysia. Malaysia races consists of Malay, Chinese,Indian and many other ethnic groups live together in peace and harmony. Our multiculturalism has made Malaysia a gastronomical paradise and home to hundreds of colourful festivals. It's no wonder that we love celebrating and socialising. As a people, Malaysians are very relaxed, warm and friendly. Geographically, Malaysia is almost as diverse as its culture. 11 states and 2 federal territories (Kuala Lumpur and Putrajaya) form Peninsular Malaysia which is separated by the South China Sea from East Malaysia which includes the 2 states (Sabah and Sarawak on the island of Borneo) and a third federal territory, the island of Labuan.


1. World’s tallest twin towers – Petronas Twin Towers, Kuala Lumpur

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Towering at 451.9m above street level, this world-renowned icon is currently the world's tallest twin structure and fifth tallest skyscraper. The skybridge that links the two towers is also the world's highest two-storey bridge, doubling up as a superb viewing platform. The 88-storey building features glass and steel on the outside, and a traditionally-inspired interior, reflecting Malaysia's aspirations in moving forward while maintaining its national identity. I recommend you to visit the Skybridge on the 41st Floor and the viewing Deck on the 86th Floor for a magnificent view of the city's skyline

2. Shop till you drop – BBKLCC, Kuala Lumpur

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The The fact you should knowabout BBKLCC  is, the world's fourth best shopping city in CNNGo. The BBKLCC stretch from Bukit Bintang to Kuala Lumpur City Centre, in particular, will leave you spoilt for choice with its abundant fashion, food and entertainment options. Lose yourself in the huge selection of local and international brands available across nine signature malls within the area. The shopping district is also well-connected via a covered pedestrian walkway and an efficient network of public transportation.

3. The gastronomic hunt – Jalan Alor, Kuala Lumpur

Nasi Lemak

Located in the heart of Kuala Lumpur, Jalan Alor is one of Malaysia's most popular food haunts. Relatively quiet during the day, the street is transformed into a bustling outdoor food court when the sun goes down. Hawkers fire up their woks as hungry customers start piling in, sitting on makeshift tables and chairs lined by the roadside. You should try on local favourites foods such as char kuey teow, grilled chicken wings or fish, satay, chilli crabs, assam laksa and more.

4. A kaleidoscope of culture – Central Market, Chinatown and Little India, Kuala Lumpur

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Kuala Lumpur’s cultural enclaves are some of the city’s most popular tourist hotspots. Central Market, a prominent heritage landmark with its 1930s Art Deco style, is a great place to find local arts and crafts. Just down the road, Chinatown is a bustling cultural and shopping spot, with a number of heritage buildings, clan houses and temples. Meanwhile, the lively Little India in Brickfields offers a glimpse into the lifestyle of the Indian community, from its colourful clothing to fiery curries. So what can you do in this place? You can tantalise your tastebuds with wide selection of local delicacies sold along Kasturi Walk, a covered walkway just outside Central Market and visit Chinatown during the annual Lantern Parade and Chinese New Year celebrations.

5. Entertainment that never stops – Genting Highlands, Pahang

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Perched on top of Ulu Kali Mountain at some 1,800m above sea level, Genting Highlands is a one-stop hill resort with hotels, theme parks, a casino and a number of entertainment, dining and retail options. It’s cool climate and close proximity to Kuala Lumpur – approximately an hour's drive – make it a popular highland getaway among city folks. You can must try ride the Skyway Cable to the top of the hill and hit both the outdoor and indoor theme parks

See you on Top 25 Places Experience In Visit Malaysia 2014 (PART 2)