Chapter: Sale of Goods Act of Malaysia, 1957

Jimmy ordered from Roy 500 pieces of woods to be used for a small renovation of his shop. Each piece of the woods should have a measurement of four meters long, six centimeters wide and four centimeters thick. They agreed that the payment would be made on delivery. On the date of delivery, Roy mistakenly sent the 500 pieces of woods with the rightlength and width but the thickness was only three centimeters instead of four. Jimmy refused to accept the delivery but Roy wished to claim for the agreed payment. The renovation of Jimmy's shop has been delayed for two weeks now and the estimated loss to him was RM7000. Both parties were not satisfied and wished to bring legal action against each other. Advise them.

In answering this question, you must consider:

i) Whether the goods are goods under SOGA 1957, if the answer is yes then only Jimmy may bring his action based on SOGA.

ii) Whether Jimmy can reject the delivery of the goods and explain the ground of his action (reason for doing so).

iii) You must identify all the relevant principles i.e. what are the legal provisions or implied condition that was breached by Roy and possible remedies for Jimmy.

iv) You also need to explain whether Roy can claim the agreed payment.

v) You must explain the issues, legal provisions with law sections, application and conclusion.