1.3 Question 3 Ah Kiong appointed Siva to buy Bob's land on his behalf .Siva was told to purchase the property at price not exceeding RM1DD,000 .The property was important for Ah Kiong's future investment. Bob had agreed to sell the property at RM?U.OOO. Both bob and Siva agreed that the price of the property would appear as RM100,000 in the contract .The contract was signed and the price of the property was paid in full. Later Siva kept RM20.000 and Bob RM10.000 Advise Ah Kiong. 1.3.1 Answer (Question 3} Based on Section 140 Contract act 1950 " An authority is said to be express when it is given by words spoken or written. An authority is said to be implies when it is said to be inferred from the circumstances of the case; and things spoken or written. or the ordinary course of dealing , may be accounted circumstances of the case The Issue whether Ah Kiong can recover his money back from Siva and Bob. According to section 168 of Contract Act 1950. if an agent deals on his own account in the business of the agency . without first getting the agreement of his principal and make known to him with all material circumstances which have come to his knowledge on the subject, the principal may repudiate the transaction. It has to be provided with the case which shows either any material facts has been dishonestly concealed from him by the agent ,or that the dealings of the agent have been disadvantageous to him. As refer to the case. Mr. Justice Slade in Industries and General Mortgage Co. v. Lewis. for the purpose ofthe civil law. a bribe means the payment of a secret commission from the person making the payment to the agent which he is dealing with. After that he fails to disclose to the other person with whom he is dealing that he has made the payment to the person whom he knows to be the other person's agent. Besides that, secret profit also refers to any financial benefit which an agent receives over and above the commission or other remuneration agreed by the principal and agent