Liabilities for Defects in Sales Agreements and Hire-Purchase Agreements

Abstract

This research aimed to study the backgrounds and the principles of Thai as well as foreign laws related to the liabilities for defects in order to analyze the problems of liabilities in sales agreements and hire-purchase agreements. It applied the quality research approach including the review of literature and the comparison of legal processes.

            The findings indicated that there have been rules related to the liabilities for defects as found in the Civil and Commercial Code, Book 5, Title 1, Chapter 2, from Sections 472 to 474 since B.E. 2472. Ever since they have not been updated for 91 years. Due to these rules being outdated, they affect consumers in various dimensions. Thus, a special act on liabilities for defects should be enacted otherwise the definition or the criteria for the liabilities for defects and the consumer rights under the Civil and Commercial Code should be amended so they are less ambiguous. This will allow the consumers to request that the seller or the manufacturer to repair the product with any defect; exchange the product if it is not repairable or if it has been repaired twice; lower the product price; or terminate the agreement as in the laws of Germany and the United States of America.