Law of Agency (agent by necessity)

1) Aiman was instructed by his employer, Denny, to deliver a consignment of fresh strawberries from Cameron Highlands to Singapore. Badri was involved in an accident in Muar on his journey. His lorry was badly damaged and required extensive repairs which would takeweeks. Aiman was unable to get an alternative transport to carry the fresh strawberries to Singapore. He wanted to inform Denny about his situation, but the lines were disconnected every time he called Denny. Aiman decided to sell the strawberries to a grocery shop owner in Muar at a price lower than that which he would have obtained in Singapore. When Denny knew of this, he was frustrated and wanted to take action against Aiman. Aiman was upset and wants to know if there is any available defense for him. Advise Aiman. (ILAC Method) (20 marks)

2) Would your answer be different if Aiman sold all the strawberries without making an attempt to call Denny?