Question 1

Mr. Ash is an owner of a supermarket in Kuala Perlis, Perlis. He has been selling fresh fruits and vegetables to mini retailers in Peninsular Malaysia. The crops were harvested and freshly picked from his personal 100 acres farm in Kuala Perlis. One day, he received a large order from AEON Hypermarket in Kuala Lumpur and he had instructed Ms. Harrison, his truck driver to deliver 50 cartons of aubergine, 20 cartons of zucchini, 20 cartons of cherry tomato, 20 cartons of freshly picked cilantro leaves and 100 cartons of bananas. The cartons were supposed to arrive in Kuala Lumpur on Monday, 1 lam. However, on her way to Kuala Lumpur, there was a major incident approximately 100 meter to Cameron Highland exit junction that had caused a massive congestion on the highway. Ms. Harrison was so worried that she could not make it on time to Kuala Lumpur. She was left with no choice but to park the truck by the side of the highway and started to think how she could save Mr. Ash from suffering losses as she was worried that the fruits and vegetables will go off and overripe before she can even deliver to AEON Hypermarket. After much thinking, she decided to sell as many as possible to the people in the vicinity at a lower price. Advise Ms. Harrison if she would be liable for any claim made by Mr. Ash due to her decision.

Required

Issue

Law

Application - 2 cases example with explanation based on the above case

Conclusion

Question 2

Maisarah owns a Thai Food Restaurant in Petaling Street. The food in her restaurant is very delicious and it is always full with customers who come for dining in and takeaway. One day, while she was preparing rice and seafood Tom Yum for her customer, she noticed a dead lizard underneath the rice that she had put slices of cucumber on top. Maisarah then put the plate on the table next to a rubbish bin behind the backdoor outside her restaurant, with an intention to dispose the food later. She then got back into the restaurant and prepared a new meal for her customer. Without her realizing, a homeless person who happened to pass by the restaurant back door noticed the plate, took it and ate the food. The homeless person subsequently suffered food poisoning due to contamination. Advise Maisarah if she is responsible towards the homeless person under negligence law.

Required

Issue

Law

Application - cases example with explanation based on the above case

Conclusion - overall conclusion

Question 3

Lim, the owner of a car delivered his car to Chan, a mercantile agent for sale. Lim stipulated and Chan agreed that the car should not be sold at less than a specified price without Lim's permission. Chan intended from the very beginning to sell the car immediately for the best price he could get and use the proceeds for his own purpose. On the same day Chan received the car, he sold the car for less than the specified price to Raymond who bought it in good faith and without notice of the agent's fraud. Advise if Lim could get the ownership of the car back from Raymond.

Required

Issue

Law

Application - cases example with explanation based on the above case

Conclusion - overall conclusion

Question 4

Amir, a 17-year old students ordered a Honda Civic car from Aishah Automotive Sdn Bhd (AASB) for the price of RM150,000.00. He agreed to pay a down payment of RMIO,OOO.OO before delivery but failed to pay it. AASB wants to take action against Amir. Advise AASB if they could do so.

Required

Issue

Law

Application

Conclusion