Question
On 15th June 2021, Nobita, a fresh graduate from UNISEL plans to set up his own online business via social media platforms. He would like
On 15th June 2021, Nobita, a fresh graduate from UNISEL plans to set up his own online business via social media platforms. He would like to have a small office at home where he can handle his customer orders efficiently. Thus, he agreed to buy from Giant a photocopy machine which Nobita had not seen and solely based on Giant descriptions. Giant told him that the photocopy machine was new the previous year and was represented to have only been used for two months. As Nobita wants to use the photocopy machine urgently, both of them agreed that the photocopy machine must be delivered to Nobita's house on 20th June 2021. Unfortunately, Giant forgot the delivery date and only be able to deliver the photocopy machine to Nobita's house on 22nd June 2021. Nobita is very disappointed when he received the photocopy machine as it is very old and have some cracks on it. He plans to return back the photocopy machine to Giant. On the other hand, in order to ensure that his office is complete to function, Nobita goes to a furniture shop owned by Suneo to buy an office table for the price of RM500. After paying for the table, Nobita asked Suneo to keep the table in his shop since he needs to attend a meeting with his potential client. One hour after that, Shizuka dropped by at the shop and interested to buy the table that Nobita had bought. Suneo sold the table to Shizuka for RM600. Shizuka claimed that she received a good tittle over the table because she does not have any idea that Suneo does not have a tittle over the table. Based on the situation above:
a. Advise Nobita whether he can repudiate his contract with Giant and suggest the suitable remedies that can be claimed by Nobita in this situation. Support your answer with Sale of Goods Act 1957 and decided cases (if any). (15 marks)
b. Advise Nobita whether he can transfer a good tittle of the office table to Shizuka. Support your answer with Sale of Goods Act 1957 and decided cases (if any). (10 marks)
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