Question
Last January, Emma moved into her new apartment. After moving in, she decided to visit a website for an online auction to get some second-hand
Last January, Emma moved into her new apartment. After moving in, she decided to visit a website for an online auction to get some second-hand furniture for her apartment. Whilst browsing through oksyen.com, Emma saw a glass display cabinet which she thought would be perfect for her collection of souvenir mugs which she bought on her travels. The cabinet was described on the website as "made from jati wood, strong and sturdy" and "suitable for displaying books and crockeries alike".
After reading the positive comments given by their customers and finding the cabinet to be suitable for her purpose, Emma decided to bid on the glass cabinet. The cabinet was eventually sold to her. The auctioneer then sent a message that the cabinet would be delivered to her apartment in a week.
Emma also bought a set of Poppy tea set from oksyen.com which she thought would be a perfect wedding gift for her niece, Harriet. Again, she managed to successfully acquire the tea set. The auctioneer promised that the tea set would be properly wrapped and sent to her within a week. Emma paid for both items using her credit card.
A few days later, Emma received delivery of the tea set. She quickly re-wrapped the tea set in a gift box and sent it to Harriet's house. Harriet was ecstatic to receive the tea set. The next day, however, Emma received a call from the auctioneer. Apparently, a woman named Jane had called them and claimed that the tea set was hers. It was stolen from her house a few months before. Jane knew that the tea set was hers since she noticed a red dot at the bottom of the teapot which she had made after she bought it. The auctioneer had obtained the tea set from a man named Elton who now could not be contacted. Emma refused to return the tea set, saying that she had bought and paid for it. Harriet too refused to return her wedding gift.
Meanwhile, the glass cabinet was finally delivered to Emma's apartment two weeks after the auction. Although Emma was upset with the late delivery, nevertheless, she decided to keep the glass cabinet. She immediately placed her collection of mugs in the cabinet. Once this was done, she stood back to admire her work. To her dismay, the cabinet collapsed, causing some of the mugs to break. Emma was upset by this. She became more upset when, later, she discovered that the cabinet was made from jelutong, not jati wood. It appeared that the sheer weight of the mugs was the reason for the collapse.
Emma and Harriet are both distraught by the experience and wish to know their legal rights. Based on relevant authorities, advise Emma and Harriet on the issues above. Your answer should include the remedies available to them, should they succeed in their claims. (25 marks)
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