Question
1. Ang owned a piece of farm property on Pulau Ubin.Beng, who wanted to run a chicken farm business, expressed interest in leasing Ang's property.Beng
1.Ang owned a piece of farm property on Pulau Ubin.Beng, who wanted to run a chicken farm business, expressed interest in leasing Ang's property.Beng asked if the farm was in a sanitary condition, and Ang answered yes. Relying on this, Beng leased the farm from Ang at a rent of $2,000 a month.A term of the lease agreement stated that the lessee (Beng) was responsible for repairs to be effected on the farm during the currency of the lease. However, the lease agreement made no reference to the state of sanitation of the farm.In fact, the water supply was contaminated due to the old & poorly maintained drainage system.As a result, after a couple of months, Beng became very ill and his chickens died.The local authorities had also ordered him to repair the drainage system on the farm after an official inspection which he had carried out at a cost of $5,000.Discuss what remedies Beng would be entitled to for an action in misrepresentation in the following circumstances:
(a)In fact, Ang knew that the drainage system of the farm was very old, badly maintained and the water would be likely to be contaminated.
(b) Ang had recently inherited the farm from his late grandfather and had not visitedthe farm personally for many years.He did not really know about the state of sanitation of the farm but believed his eccentric grandfather (who lived on the farm till his passing away) was a prudent and hygienic person.However, he did not check with his father who was in a better position to know.
(c)Ang had specifically instructed his estate agent to check on the state of sanitation of the property before giving his reply to Beng.However, his estate agent, being extremely busy, merely took a cursory and reported to Ang that the farm was in a sanitary condition.
2. 17 year old Mary bought a $10,000 Hermes handbag from the Hermes Boutique which she paid for using a cheque that bounced. She then sold the handbag and with the money bought a new set of cupboards to house her collection of more than 30 designer handbags. What can the Hermes Boutique do?
3.While watching a soccer match between Manchester United and Liverpool, you made a bet with your friend that if "Man U" won he was to pay you $300; and vice versa if Liverpool won. To assure your friend that you fully intended to pay if Liverpool won, you handed him your precious digital camera.As it turned out, "Man U" won but your "friend" refused to pay you or to return your camera.Can you sue him for the money and the return of your camera?
(CIVIL LAW ACT, SECTION 5 provides:
"(1)All contracts and agreements, ......by way of gaming or wagering shall be null and void.
(2)No action shall be brought or maintained in court for recovering any sum of $ or valuable thing....won...or which has been deposited in the hands of any person to abide the event......")
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