Mr. Patrick runs a company named Fast Delivery Enterprise which offer a lorry transport

service. One day, Tauke Crab seeks for Mr. Patrick service to deliver some durians from

Kuala Kangsar to Kuala Lumpur. During the journey, Mr. Patrick involved in an accident

where one of the tires burst. As a result, the lorry skidded and hit a traffic light which cause

damaged to some of the durians. In order to avoid further lost to Tauke Crab, Mr. Patrick

sold the damaged durians to passers-by at a very low price. The remaining durians were

loaded onto his friend's lorry, and transported to Kuala Lumpur.

As this is the first time Tauke Crab use Mr. Patrick services, he would like to know whether

he can claim from Mr. Patrick the losses suffered by him. Advise Tauke Crab the way of

creation of agency that can occur among them and both of their rights and duties as principal

and agent based on the situation given.

Support your answer with the provision in the Contract Act 1950 and decided cases (if any).