Mr Smith browses through the OneWorld Travel & Tours website in search of a holiday package for his wife and daughter. This year he plans to book holiday package under the theme 'Europe Tour'. He booked the package worth RM7,500 for 9 days and 8 nights stay at 5 stars' hotel for tours to London, Italy, France and Switzerland. The price includes Disneyland Paris entrance ticket. He paid a total of RM22,500 and confirmed the booking by clicking the e-signature. Their trip to London and Italy went very well. However, when they arrived France, they were given 3 stars' hotel, the trip to Disneyland Paris was cancelled and replace with a trip to museum. The tour to Switzerland also was cancelled due to flight issue. From France they travel back to Malaysia. Upon returning to Malaysia, Mr Smith wanted to claim refund from OneWorld Travel & Tours agency. However, the agency denied his claim. With reference to Consumer Protection Act, advice Mr Smith as to his rights and where can he file his complaint?

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format example

Justin, Jojo and Julia decide to form a partnership to sell blouse. The firm is called Uniqujo and sell variety of blouse at a shop in Bangsar. Last month, Justin attended exhibition at the Mines Exhibition Centre and saw a new sewing machine. Justin impressed with the machine and signed the order form with the dealer Benang Sdn Bhd to purchase five sewing machines for the price of RM5,000. Justin without the knowledge of other partners, has set up another blouse shop in Petaling Jaya call Just Blouse. She has also been persuading Uniqujo's existing clients to try her shop in Petaling Jaya.

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Consider these situations:

i) Benang Sdn Bhd demanded for the purchase price of the sewing machine from the firm. The firm refuses to pay and states that according to the partnership agreement, Justin is not authorised to purchase any item exceeding RM3,000 without the consent of other partners. Whether Benang Sdn Bhd can claim RM5,000 from the firm?

Issue

Whether partner can purchase any item without authorised?

Law

Section 11 Contractual Liability. This section states that all partners in a firm are jointly liable for all contractual and other debts and liabilities incurred while each is a partner, including tax and judgment debts. Section 26 (b) A partner is entitled to be indemnified by the firm in respect of payments made and liabilities incurred.

Application

Justin, Jojo, and Julia formed a partnership to sell blouse and the firm is called Uniqujo in Bangsar. Justin saw a new sewing machine at the Mines Exhibition Centre last month and signed an order form with the Benang Sdn Bhd dealer to purchase five sewing machines for RM5000. Justin also set up another blouse shop in Petaling Jaya and persuade Uniqujo's existing customers to try her shop. In this case cannot purchase any item without authorised and Justin without the knowledge of other partners.

Conclusion

Partner cannot purchase any item without authorised.