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Latif, an art expert, has been acting on behalf of Datuk Zainal in buying and selling artwork for him. Recently, Datuk Zainal instructed Latif to

Latif, an art expert, has been acting on behalf of Datuk Zainal in buying and selling artwork for him. Recently, Datuk Zainal instructed Latif to sell some of his art collection as he needed cash to finance his business. Among the items that Datuk Zainal wanted Latif to sell for him were a painting by a French artist, Le Cartier, worth RM1million and a sculpture by Cardoza worth RM500,000. Latif obtained an offer of RM1.2million from a buyer, Datuk Chew, for the painting and advised Datuk Zainal to sell. Before Datuk Zainal sold it to Datuk Chew, another interested buyer made an offer of RM1.5million. Latif did not inform Datuk Zainal of the second offer because Datuk Zainal has already agreed to sell the painting to Datuk Chew. As Latif did not have time to look for a buyer for the sculpture, he asked his nephew, Rosli, to sell the sculpture. Rosli, who has no experience in selling artwork, sold the sculpture to a buyer at a very low price. Datuk Zainal was upset when he discovered that Latif did not inform him of the higher offer on the painting and that Latif assigned his task to sell the sculpture to an inexperienced person. Datuk Zainal intends to sue Latif for his losses. Advise Datuk Zainal on the above situation by applying the Contracts Act 1950 and relevant cases.

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