QUESTION 1

Uda and his wife, Dara, form a new company named UDARA Sdn. Bhd for the business of retailing electronic parts. In order to raise cash for the business, Uda enters into a contract to sell his house to Joe for RM 150,000. Duda, who has always admired the house, approaches Uda and makes him an offer of RM170, 000. Uda transfers ownership of the house to UDARA Sdn. Bhd, and on behalf of the company, sell the house to Duda.

Advise Joe whether he may claim for specific performance of the contract against Uda as well as UDARA Sdn. Bhd.