Misrepresentation in Online Sales Transactions: A Comparative Study of Malaysian and UK Legal Frameworks

Abstract

The growth of e-commerce has amplified the legal importance of misrepresentation in online sales transactions, given that contractual consent is increasingly derived through digital means. The lack of physical inspection, together with the lack of information on the applicable laws, raises concerns regarding the adequacy of existing legal framework to regulate misleading pre-contractual statements within the digital marketplace. This article explores how misrepresentation in online sales transactions is treated under both Malaysian and UK law. Adopting a doctrinal and comparative methodology, this paper analyses statutory provisions and established principles governing misrepresentation in online sales across both jurisdictions. The analysis reveals that while both legal systems acknowledge misrepresentation as a factor that can invalidate contractual consent, both coutries’ approaches differ significantly in terms of legal structure, categorisation and remedies applicable to the parties who consent was so caused. The UK framework which supported by the Misrepresentation Act 1967 and enhanced by consumer protection legislations reflects a more structured response to misrepresentation in online sales. Utilising the findings, this article offers recommendations to enhance Malaysian legal framework on misrepresentation in online sales transactions.