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in format ILAC QUESTION 1 Danny has a pet shop, Pet Sweetheart, which sells pets and pet care products. Pet Sweetheart also provides lodging for
in format ILAC QUESTION 1 Danny has a pet shop, Pet Sweetheart, which sells pets and pet care products. Pet Sweetheart also provides lodging for pets when the owner is away. Linda is a regular customer of Pet Sweetheart as she usually sends her cat, Darling, for grooming and lodging. Recently, Linda sent Darling for lodging in Pet Sweetheart as she had to work in Singapore for a week. While in Danny's care, Darling became ill and vomited a lot. Danny tried to call Linda a few times as he was uncertain whether to take Darling to the vet, but he could not get through. Worried that Darling's health will get worse, Danny took Darling to the vet. He had to pay RM500 for the vet's bill and give medicine to Darling for the next 3 days. When Linda returned, she was upset when she saw that the bill from Pet Sweetheart was more expensive than usual as it included the vet's bill and additional costs for looking after her ill cat. Linda refused to pay as she did not authorize Danny to take Darling to the vet. Danny claims that he had to do so as it was an emergency. Linda wants to know if she is liable to pay. Advise Linda on the above situation by applying the Contracts Act 1950 and relevant cases. (20 marks) QUESTION 2 Amin entered into a hire-purchase agreement for a car with Fast Forward Bank (FFB) for 7 years. He had diligently paid for the instalments every month until he died. Two months after his death, FFB sent a 4thschedule notice asking for payment of the arrears as Amin defaulted 2 months' instalments. FFB warned that the car will be repossessed if payment is not made within a week. Amin's wife, Aminah informed FFB that Amin had passed away and she is in the midst of arranging for the necessary documents as she has just been appointed as the administrator of the estate. She also informed the bank that as the personal representative of her husband's estate, she wants to continue paying for the instalments as there are only 5 months' instalments left under the agreement. One week later, three men came to tow the car from Aminah's house. Even though Aminah told them that she was planning to take over in paying the instalments, they towed the car and told her that she must pay the defaults to FFB in 5 days or the car will be sold off. Aminah is terribly disappointed and wants to know if the bank had acted lawfully. Advise Aminah on the relevant statutory provisions of the Hire-Purchase Act 1967 in respect of the above situation
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