Question
A Singaporean company called Games4U Pte Ltd. made a contract with a with a new Malaysian airline called Durian Sky for the delivery of 5,000
A Singaporean company called Games4U Pte Ltd. made a contract with a with a new Malaysian airline called Durian Sky for the delivery of 5,000 computer games in CD form, worth USD 250,000 at the International Online Gaming Fair from 30th September to 3rd October 2016 held in Istanbul, Turkey. The computer games were delivered to Kuala Lumpur International Airport by Games4U Pte Ltd, and an air waybill was issued by Durian Sky indicating the number of computer CDs, total weight and value.
Joy is a director of Games4U Inc. who seeks to attend the International Online Gaming Fair. On 1st July 2016, Joy had made an on-line purchase of two return tickets for herself and her daughter Lina. The tickets purchased indicated out-bound travel from Kuala Lumpur to Istanbul on 28th of September 2016, and return on 10th October 2016.
During the plane journey, after food and beverage was served, a jolt from a passenger seated in front of Joyhad caused the tray table to shake and hot coffee to spill on Joy's lap. Joy suffered from scalding, and feltdeeply embarrassed by the coffee stains left on her pants.
Upon arrival at Istanbul, Joy discovered that one of her baggage was torn and her clothes inside the baggage was damp as it was exposed to heavy rain when they landed in Istanbul. She later realised that a quarter of the CDs containing the computer games, in both her baggage and hand-carry were damaged. Unfortunately, halfof the computer CDs that were shipped by Games4U Pte Ltd were also badly damaged due to the carrier'spoor stowage.
On the 28th September 2016, Joy had checked in two pieces of baggage weighing 20kg, which contained herclothes, Lina's clothes and computer games in CD form worth USD 5,000. She also had with her a hand-carry bag that contained computer games worth USD 1,500. While rushing to the plane, Lina who was carrying the hand-carry bag, had tripped and fallen on a metal bar at the departure gate. Lina was injured, but Joy told her to walk it off, as not to miss the plane.
During the plane journey, after food and beverage was served, a jolt from a passenger seated in front of Joyhad caused the tray table to shake and hot coffee to spill on Joy's lap. Joy suffered from scalding, and feltdeeply embarrassed by the coffee stains left on her pants.
Upon arrival at Istanbul, Joy discovered that one of her baggage was torn and her clothes inside the baggage was damp as it was exposed to heavy rain when they landed in Istanbul. She later realised that a quarter of the CDs containing the computer games, in both her baggage and hand-carry were damaged. Unfortunately, halfof the computer CDs that were shipped by Games4U Pte Ltd were also badly damaged due to the carrier'spoor stowage.
Advise Games4U Pte Ltd and Joy of their rights (if any) against Durian Sky.
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