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a) The constitution of Tulus Sdn Bhd provided, 'Mr Ah Lek of No 10 Jalan 325, Petaling Jaya, Selangor, shall be the solicitor of the
a) The constitution of Tulus Sdn Bhd provided, 'Mr Ah Lek of No 10 Jalan 325, Petaling Jaya, Selangor, shall be the solicitor of the company and shall transact all the legal business and shall not be removed from his office except for misconduct' In contravention of the above provision in the constitution, the company failed to employ Mr Ah Lek as its solicitor and appointed Miss Lily instead. Mr Ah Lek is a shareholder of the company since its formation. He now wishes to sue Tulus Sdn Bhd for breach of contract in not employing him as the solicitor. Advise Mr Ah Lek as to his chances of succeeding in his action. b) Jennifer ordered ten pieces of heat resistant 'Signature Platinum' cereal bowls made by Noritake. The sales person of Jojo Enterprise, who are retailers of these fine dinner wares, showed Jennifer a sample of the bowl which had a platinum encrusted pattern following which she made the order. When the bowls were delivered Jennifer found only five of the bowls had a platinum encrusted pattern whilst others did not. Whilst hosting a party that evening Jennifer poured some hot soup into the bowls whereupon the bowls, to her horror, just cracked into pieces. Advise Jennifer what remedy, if any, she has against Jojo Enterprise
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