Contract - Whether There Was Contract Of Sale & Privity Of Contract Between Car Purchaser And Car Seller

Author:Jayadeep Hari & Jamil
Profession:Jayadeep Hari & Jamil
 
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CASE:

Ong Siew Hwa v UMW Toyota Motor Sdn Bhd [2016] 1 MLJ 132

BRIEF FACTS:

The appellant ("Ong") bought a car from the 1st respondent ("Toyota") for RM151,706.45. Ong paid RM71,706.45 towards the purchase price and the balance of RM80,000 was financed by the 2nd respondent ("the Bank"), a finance company under a hire purchase agreement. Ong subsequently found the new car to be defective and made numerous complaints to Toyota. Toyota's attempts to resolve the problems were unsuccessful. This led to Ong leaving the car at Toyota's service centre. Ong then filed an action against both the Bank and Toyota for termination of the sale and purchase agreement ("SPA") for the car. Ong claimed that the Bank and Toyota have breached the implied guarantees as to acceptable quality under the Consumer Protection Act 1999 ("the CPA") and the Sale of Goods Act 1957 ("the SGA"). The trial judge found that once the hire purchase agreement came into effect, there ceased to be any contractual relationship between Ong and Toyota. Thus, the trial judge allowed the Ong's claim against the Bank but dismissed Ong's claim against Toyota. Hence the present appeal wherein Ong argued that the trial judge had erred in his finding that he had no claim...

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