The appellant, alleged that the respondents were negligent in several respects, including failing to properly diagnose foetal distress, failing to ensure the availability of a paediatrician or neonatal specialist, failing to have proper systems in place for emergency referral, and delaying the transfer of the newborn to a hospital with neonatal intensive care facilities. It was contended that these failures collectively resulted in hypoxic injury, leading to cerebral palsy.
在任何以消费者为对象的商业经营环境中（例如零售业、酒店业或餐饮业），顾客与经营者之间的接触点，无论是在柜台、服务过程中或送餐时，往往左右整体消费体验。顾客自然期望获得令人满意的服务、合格的产品及公平的对待。如对相关事项感到不满，顾客有权提出质疑、要求澄清，或通过正规渠道提出正式投诉。本文旨在探讨消费者在维护其权利时可采取的正当行为，以及企业在交易出现问题时可采取的应对措施。
In any business operating in a customer-facing setting (such as retail, hospitality or food and beverage), the point of contact between customer and operator, whether at the counter, during service, or upon delivery, can often make or break the customer experience. Customers naturally expect satisfactory service, quality products, and fair treatment. Where they are dissatisfied, they have the right to raise concerns, request clarifications, or lodge formal complaints through proper channels. This article looks into both sides of the coin where it examines what the customer can do in protecting their rights and what businesses can do in the event a transaction goes awry.
Globally, eCommerce fraud is escalating, and Malaysia is no exception. In 2024 alone the Royal Malaysia Police logged 35,368 cybercrime cases tied to online scams, and in just the first three months of 2025 we’re already at 12,110 cases with losses totalling RM 573.7 million. Legal protections such as the Contracts Act 1950, Consumer Protection Act 1999 and the Penal Code attempt to cover the issue, but as of today, there’s no single, dedicated act governing eCommerce fraud. Meanwhile, Singapore and Australia have taken steps to curb scams with the Singaporean Technical Reference 76 and the Australian Scam Prevention Framework.
The Review of eCommerce Legislation Final Report (Laporan Akhir Kajian Semakan Semula Perundangan eDagang) (‘the report’) represents a major national effort to modernise, refresh and renew the legal and regulatory framework for online commerce in Malaysia. Led by the Ministry of Domestic Trade and Cost of Living (‘KPDN’) with input from over 90 stakeholders, the report provides a comprehensive evaluation of existing eCommerce laws, identifies key enforcement and consumer protection gaps, and sets out a structured plan for reform. Richard Wee Chambers (a member of Grandall Law Firm) are the legal advisors in this Review of eCommerce Legislation.
In the digital era, the appeal of e-commerce is undeniable, browse at home, checkout in seconds, enjoy doorstep delivery. Yet this convenience masks a growing underside of risk for consumers. With smartphones, high-speed connectivity and platforms offering deep discounts, many of us have embraced online shopping as the go-to. The advantages include speed, access to global and local products, continuous promotions and variety.
Online shopping often brings many benefits, that is until issues arise.
As the internet becomes the backbone of global trade and daily living, accessibility in E-Commerce is increasingly recognised as a public good that underpins equitable economic participation. The COVID-19 pandemic reinforced this reality, highlighting how essential digital access is for consumers to obtain goods, services, and redress mechanisms.
The convenience of online shopping often overshadows the legal realities behind each transaction. Every online purchase, no matter how big or small, constitutes a legally binding agreement between buyer and seller. When a consumer clicks “Add to Cart” or “I Agree,” a digital contract is formed, establishing enforceable rights and obligations on both sides.
In today’s interconnected digital economy, transparency is not just compliance, it is strategy. When sellers and intermediaries uphold truthful representation, honest marketing, and clear disclosures, this leads to consumer trust, ultimately strengthening the marketplace ecosystem.
E-commerce has revolutionised the way businesses and consumers interact. However, while technology has changed the mode of doing business, the law continues to apply. The same principles that govern traditional commerce — from fair trading to product safety — extend to online transactions, though often with added complexity.
