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Jagan, who operates his own delivery service, was instructed by Max, a fresh vegetable supplier, to deliver a consignment of high quality fresh salad vegetables

Jagan, who operates his own delivery service, was instructed by Max, a fresh vegetable supplier, to deliver a consignment of high quality fresh salad vegetables from Cameron Highlands to a luxurious hotel in Singapore. He was told that the goods must reach its destination not later than 5.00am in the morning. He took the highway heading south and after about 2 hours he encountered a massive traffic jam due to an overturned truck carrying highly inflammable products. The highway crew diverted all traffic to use the old road. This would have prolonged his journey by another 6 hours by which time the vegetables would have perished under the hot sun. He was also unable to contact Max. Jagan then decided to sell the vegetables to a local vegetable seller in a nearby town at a very much lower price. When Max discovered what had happened he was very angry and refused to pay Jagan's delivery fees. Advise Jagan under the law of agency as to whether his actions were correct and whether he can claim his delivery fees.

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