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Pam expressly appoints Andrew, as her agent to sell her car for not less than Rm50000. Pam and Andrew have agreed that the Andrew's commission

  1. Pam expressly appoints Andrew, as her agent to sell her car for not less than Rm50000. Pam and Andrew have agreed that the Andrew's commission will be 5 % of the selling price. However Andrew sells the car for RM 60000 but tells Pam that he had sold the car for RM55000. Pam and Andrew have also agreed that any expenses incurred by Andrew will be borne by Pam. Andrew had to show the car to many customers as such he had invoices for expenses about RM 650. Discuss with relevant cases and sections of the Contract Act 1950 with regards to Pam's and Andrew's duty under the Law of Agency.

A Relationship, between Pam and Andrew

B Appointment - s 140

C Lawful instruction -s164

1 Turpin v Biltion

2 Bertram, v Godfrey

D To exercise care and skill - s165

Hedley Byrne v Heller

Chaudhry v Prabhakar

E To render proper account - s166

Foley v Hill

Gray v Haigh

F Tp pay to his principal all sums received on his behalf - s167

G To communicate with the principal -168

H Not to make secret profits - s169

Lucifero v Castel

Reading v Attorney General

Mahesan v Malaysian Govt

I To pay commission to agent

Dolphin v Harrision

J To indemnify the agent s175

Read v Anderson

Termination of agency

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