Question
On 18 March 2020, the Malaysian Government imposed Movement Control Order (MCO) in order to contain the spread of the Covid-19 virus. As a result,
On 18 March 2020, the Malaysian Government imposed Movement Control Order (MCO) in order to contain the spread of the Covid-19 virus. As a result, there was a lockdown in the country and all businesses, except the essential services, were ordered to shut down. Ah Soon has a shop selling tropical fish and aquarium equipment in a famous shopping mall in Kuala Lumpur (the mall). All the shop lots are owned by the mall and are rented out to retailers. The mall was closed due to the MCO until 18 May 2020, and, thereafter, when the MCO restrictions were relaxed (Conditional MCO), the mall was allowed to reopen. Nevertheless, Ah Soon could never get back to his previous customers even after the lockdowns were weakened. He, being unable to pay the rent of the shop, decided to stop his business. The management of the mall was okay to terminate the rental contract between them and Ah Soon. Nevertheless, they are unwilling to pay the three (3) months deposit to Ah Soon as Ah Soon failed to pay the rent of the shop for March, April & May. Ah Soon came to you for legal advice. He seems to really need that three months deposit to start his small shop on the roadside and to support his survival. Can you help Ah Soon to get back the deposited money by proving the contract is frustrated due to COVID? (Use IRAC method)
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