Question
1.Amirah wrote to Salina on 10.9.2018 offering Salina to buy her set of rainbow unicorn toys for only RM15,000.00 which the actual price of such
1.Amirah wrote to Salina on 10.9.2018 offering Salina to buy her set of rainbow unicorn toys for only RM15,000.00 which the actual price of such collection in the market would easily sell for RM35,000.00. Amirah's letter stated clearly that Salina has to reply to her letter by 20.9.2018. Salina received the letter on 18.9.2018
and immediately send Amirah an email confirming that she is interested to buy the rainbow unicorn toys. The next day, Salina posted a letter to Amirah for accepting the offer. Amirah received Salina's letter of acceptance on 21.9.2018.
On 20.9.2018, Amirah sold the rainbow unicorn toys to Tasya. After a week, Salina was informed by Amirah that she has decided to sell off the toys to Tasya since she has not received any response from Salina by 20.9.2018. Salina was so frustrated and wanted to sue Amirah. Kindly advise Salina.
2.Wan Cik agreed to sell his semi D house ("the House") to Farah for RM850,000.00. Farah has paid earnest deposit of RM80,000.00 to Wan Chik and sign a booking form with the condition to sign a Sale and Purchase Agreement within 14 days. However, a few days before the signing of Sale and Purchase Agreement, the House totally burned into fire due to faulty electrical circuit. Advise the parties on their rights according to contract law.
3.Match the case name to the legal principle:
3.1 Adams v Lindsell
3.2 Carlill v Carbolic Smoke Ball
3.3 Fisher v Bell
3.4Felthouse v Bindley
3.5 Entorres v Miles Far East
4.A agrees to pick and pack cherries for B for RM15 per hour at Cherrytree Farms which also allows customers to pick their own cherries. C purchases some pick your own cherries and pays A RM10.00 to pick and pack them for her. The contract between A &C is valid. True or False?
5.Wafa owns a very successful ice-cream business, owning a number of stores in Kuala Lumpur. She has formed a number of contracts which she is concerned about. She would like some advice on whether she has to continue under the contracts or might be able to opt out of them in some way.
The first contract Wafa has is with a supplier of industrial ice-cream machines for the opening of five new stores. The ice-cream machines are worth RM 10,000 each and this supplier is the only one in the country. Wafa has ordered five of these machines but the supplier has only given her four, and has told her they do not have the fifth one.
Wafa is not particularly happy with the price of her leasehold agreement in her Setapak's store. After speaking to the owner of the store next to her, she has found out they are paying half the price that she is. After learning this, Wafa wishes to attempt to discharge her obligations under the lease and renegotiate the price. After studying the contract, Claire has found a term which states 'it is a condition of the contract that the property will be re-painted by the owner of the land before the tenancy starts'. The tenancy has started and the property was not re-painted.
Wafa has a contract with Ikmal for the supply of ingredients for her ice cream. The contract runs for another six months, but both parties wish to discharge their obligations under the contract. Kindly advise Wafa on all the above cases
6.Zetty is an owner of 3 pieces of land which worth RM 20,000,000.00. Zetty appointed Robert, a lawyer to prepare deed of trust on her behalf and acting as her trustee on her properties.After a year, Zettyfind out that one of the lands was sold to an Indian guy by the name of Datuk Rahul. Kindly advise Zetty.
7.Decide on type of mistake occurs in the following cases:
(i) Mukhriz ordered 2 cargo full of bamboo sticks which will be arriving from China. Forwarding company issue delivery notice to Mukhriz that the cargo will be arrivingby 20 August 2020. Unfortunately, Mukhriz read the notice as 30 August 2020. When the cargo arrived at Port Klang, the forwarding company called Mukhriz and inform him to arrange for custom clearance at the port accordingly.
(ii) Suria company had promised to Mentari company for a supply of 100 sheeps from New Zealand. When the sheeps arrived in Pasir Gudang Port, Suria company confirms to its logistic to straight away send the sheeps to Mentari company's farm in Bentong, Pahang. A day after the sheeps being located at Mentari's farm, one of Mentari's worker realized that 3 sheeps already died. During the shipment, non of Suria company nor the Mentari company is aware of this.
(iii) In an agreement between Ara Maju Sdn Bhd, it states that the house under Ara development will be completed in 16 months and if the house fails to be completed within time, an interest of 8% shall be imposed by the owner to Ara Maju. However, the law states that a house shall be completed within 24 months and 10% will be imposed against developer for late delivery to owner
8.Anwar had sell his mansion to Najib for a selling price of RM1.5 million. Najib is planning to convert the mansion into wedding hall and luxury home stay for VVIP. Najib already promoted the mansion to his VVIP friends and he managed to get a contract for wedding event worth RM 1 million. Without knowing Najib's plan, Anwar suddenly decided to terminate the Sale and Purchase Agreement. Please advise Najib.
9.Hamidi decided to build up a special garage for his private jet in a land belongs to Khairi. Hamidi has been negotiated with Khairi to lease his land for RM 100,000.00 per month for 20 years. Khairi refused since he had a plan to set up a motel at the land and he had contracted a contractor to immediately commenced with earth work at the land. After 2 weeks, Khairi changed his mind and decided to sell off the land to Fernandes.
1. Advise Hamidi whether he can do something on the land.
2. Khairi has decided to stop with the earth work. Advise Contractor on his right in this situation.
10.Afaf had leased a plane from Air Sky Sdn Bhd and demanded a special luxurious plane for her special clients from July 2020 to July 2021.She has paid the total leasing sum to Air Sky Sdn Bhd for a year. However, on October 2020, she finds out the plane had a lot of wiring issues. In fact, the seats cover and the window curtain are easily torn down. Afaf is sad. Afaf had promised her company that she going to ensure that the company will earn double earning from this project.Please advise Afaf
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