Bob works as a deliveryman by motorcyclefor Cake4U Shop . A customer, Sim, called Cake4U Shop and ordereda birthday cake priced at RM70.00 for his 9 years old daughter.Arrival time was agreed at 12.00 noon. Photo of the birthday cake was sent to Sim via his mobile phone .Sim will make payment in cash upon delivery by Bob. Unfortunately, while on his way to Sim's address, there was a major road construction that delayed Bob by 15 minutes. Then Bob accidentally hit a pothole and fell from his motorcycle.Luckily Bob was not badly injured but the front wheel of his motorcycle wobbled. He considered that if he made a u-turn to Cake4U, the delivery will be delayed because he cannot ride fast now with his motorcycle condition. Bob also forget to check the cake's condition. He arrived an hour later than scheduled. Sim was already angry because his beloved daughter's birthday party was delayedand she was crying. Sim got angrier upon seeing the cake was ruined.

Required:

Choose any THREE (3) from the following questions. Each questions is based on the above situation but is not related to each other:

1)Say that Sim refused to make payment by claiming that time is of the essence to the contract.Discuss whether Sim could validly argue such and refused payment. (5 marks)

2)Say that Cake4U Shop put a notice on its receipt, which state: "Customer must take delivery upon arrival and must make full payment. If the delivery is delayed, customer 's payment is deducted RM1.00 for every half hour late. Also, if the delivery is damaged, customer's payment is deducted 50% from the full payment."Bob showed the receipt to Sim and asked for RM33 as payment after deduction as per notice in the receipt. Discuss whether Sim could validly refused to pay by arguing that the notice is ineffective to him.(5 marks)

3)Discuss if there is frustration of contract in the above situation.(5 marks)

4)Say that if Bob managed to replace the ruined cake with a new one , but not from Cake4U. Instead Bob bought from another cake shop for RM75.00 after the pothole accident. He informed the situation to Sim who happily accepted the substituted cake. Sim paid RM70.00 only to Bob. Discuss if Bob can ask Cake4U to reimburse him RM5.00 on the basis of agency by necessity .(5 marks)