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In a separate situation, Jiro enters into a contract with Kim K, a former model and a media personality, to do her makeup for
In a separate situation, Jiro enters into a contract with Kim K, a former model and a media personality, to do her makeup for an international event, "Kuala Lumpur Fashion Show" and its afterparty to be held at the end of the month. The parties agreed that Jiro would be in chargeof the makeup and hairstyle which Kim K requested for the Hollywood glamour theme. Thus,Jiro recommended the 'Hollywood classic glamour' makeup look, with a gold and silver color theme which will cost Kim K RM15,000.00. Kim K then agreed to pay RM5,000 to Jiro in advanceas a deposit, and she quickly paid the amount via bank transfer. The remaining payment will be paid a day after the event. Jiro is so excited with her new venture, and she eagerly started making the necessary preparation, including ordering exclusive hair extensions as well as two new makeup palettes that she plans to use for Kim K during the event. Unfortunately, three days before the event, Kim K was involved in a nasty accident, and as such, she has to withdraw from the event scheduled. She also cancelled her contract with Jiro and asked Jiro to return her deposit. Jiro, however, declined as she had used the deposit to pay for some of the items she has ordered. It is also for all the efforts and services that she has made, including rejecting the appointments with several famous potential clients to make way for the event. Kim K is furious with Jiro, and she wants to sue Jiro for the deposit. On the other hand, Jiro decides to sue Kim K for breach of contract. With reference to the Contracts Act 1950 and relevant legal authorities, advise Jiro on the legal implication(s) of the above situations against ISSUE: whether Kim K can sue Jiro for the return of the deposit. Please write the RAC which is reason application and conclusion for the issue that had provide above and give the detail of the section in application part.
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