Question
Q1.A sold to B 200 containers of rubber shipped on a ship bound for London.On arrival at London the ship unloaded 50 containers which were
Q1.A sold to B 200 containers of rubber shipped on a ship bound for London.On arrival at London the ship unloaded 50 containers which were delivered to and accepted by B. The ship could not unload the balance of the 200 containers because they were overlaid in the ship's hold by other cargo to be unloaded in Hull.
After unloading in Hull the ship returned to London and unloaded the remaining 150 containers. But B no longer wishes to accept them since the market price of rubber has fallen meanwhile.
a) Is B oblige to accept the 150 containers? (15 marks)
b) Would it make any difference to your answer if the due date for delivery of the rubber had expired in the interval between the first and second deliveries?
(5 marks)
Q2.Samad, a businessman in Kuala Lumpur, advertises a vacancy in his office, the engagement to be for a period of 6 months. Jallaludin applies for the position and, at the interview in Kuala Lumpur, Samad offers it to him.
Jallaludin who lives in Penang asks for a week to consider the matter and Samad says that he will keep the offer open for seven days. On the day following the interview Samad sees another applicant, Baharudin, and prefers him to Jallaludin.
If, before the period of seven days has expired, Samad engages Baharudin instead of Jallaludin, will Jallaludin have any claim against him? Advise Jallaludin?(20 marks)
Q3.When Tajudin and Mariam were engaged to be married the following financial arrangements were made and expressed in written agreements:-
a)Tajudin's father and Mariam's father each agreed with each other to give Tajudin RM300,000 towards the cost of buying a house as a matrimonial home.
b)Mariam's uncle agreed with Tajudin that in consideration of Tajudin marrying Mariam the uncle would make an allowance of RM1,000 a month to Tajudin for a period of 5 years.
After the marriage, Tajudin's father but not Mariam's made the promised gift and executors of the uncle, who has died, refuse to continue to pay the annual allowance. What rights(if any) has Tajudin against Mariam's father and against the uncle's executors? (20 marks)
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