Question 1

Max is the owner of a high-class coffee shop located inside a shopping mall in a suburb in Kuala Lumpur.He placed an order of top grade coffee beans with Brian, a coffee beans importer and the delivery date was agreed to be May.As business in the Kuala Lumpur suburb coffee shop was good, Max decided to open another coffee shop near the Port Klang harbor.He rented a shop premise and paid rent and a deposit totaling $100,000.Brian delivered the coffee beans to Max in October.Without the top-grade coffee beans, Max had to use lower-grade coffee beans to serve his customers in the Kuala Lumpur suburb shop and many customers stopped coming to his coffee shop.Also, he had to cancel the lease of his new shop and the landlord refused to refund him the $100,000.

Max would like to sue Brian for:

(i)loss of profits for his Kuala Lumpur shop;

(ii)loss of $100,000 due to the cancellation of the lease of his new coffee shopnear the Port Klang harbour.

Advise Max.