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

Author

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  • Iyllyana Che Rosli

    (Universiti Sultan Zainal Abidin (UniSZA))

  • Fatin Zulaikha Zulkifli

    (Universiti Sultan Zainal Abidin (UniSZA))

  • Divyaloshini Sures Rao

    (Universiti Sultan Zainal Abidin (UniSZA))

  • Norhasliza Ghapa

    (Universiti Sultan Zainal Abidin (UniSZA))

  • Mohamad Nurul Hafiz Ab Latif

    (Universiti Sultan Zainal Abidin (UniSZA))

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.

Suggested Citation

  • Iyllyana Che Rosli & Fatin Zulaikha Zulkifli & Divyaloshini Sures Rao & Norhasliza Ghapa & Mohamad Nurul Hafiz Ab Latif, 2025. "Misrepresentation in Online Sales Transactions: A Comparative Study of Malaysian and UK Legal Frameworks," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(12), pages 14-24, December.
    • Handle: RePEc:bcp:journl:v:9:y:2025:i:12:p:14-24
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