QUESTION 2 (CLO 2)

a) Discuss the relevant issue from the situations provided below, as to whether there is a breach of implied/express condition under the Sales of Goods Act 1957.

1. Stylish Departmental store has been ordering jeans and shirts bearing a well-known trademark 'Modern Wear' from AB Sdn. Bhd. their only supplier since 1984. On 22nd May 2017, Stylish Departmental store placed a written order for more jeans and shirts bearing the term 'the same as our previous orders'. AB Pte Ltd delivered the jeans and shirts which are of the same quality but bore the trademark 'Classic Wear'.

1. Nemo bought a bicycle from shark for RM1500 and spent a further RM300 having it upgraded. After two months, he discovered that Shark had stolen the bicycle from Dory and Dory is demanding his bicycle from Nemo. Advise Nemo of his rights
2. under the Sale of Goods Act 1957. (5 Marks)

a) Describe the exceptions to the general rule of "nemo dat quod non habet" under the provision of the Sale of Goods Act 1957. (10 Marks)

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LAW2013 COMMERCIAL LAW/ FE2021-1 LAW2013 COMMERCIAL LAW / RE (Resit Exam Assignment)

QUESTION 3 (CLO 3)

1. a)Ali has entered into a contract to sell a piece of land to Bakar for RM100,000, in return Bakar has paid a deposit of RM20,000 and is given three months to pay the balance RM80,000. Ali later changes his mind and does not want to sell the land and is willing to return the deposit to Bakar. Advise Bakar on relevant remedies available to him if he wished to sue Ali for breach of contract
2. (10 Marks)
3. b)Jalilahwalkedintoabookstore.ShetookabookwhichcostsRM9.99andbroughtitto the counter to make payment. However, she was surprised when the cashier at the counter told her that the book actually costs RM29.99. Jalilah argued that the display price is an offer. Discuss whether Jalilah could be successful in suing the bookstore for

breach of contract. Support your answer with relevant authorities.

QUESTION 4 (CLO 3)

(10 Marks)

Didi, and Zetty are planned to set a business to run a car workshop However, they are undecided whether to set up as a sole proprietorship, partnership or a company. Explain to Didi, and Zetty, the advantages and disadvantages of a company and a partnership.

(20 Marks)

Question 5 (CLO 5)

1. a)Mahesh has been unjustly terminated by his employer. His case was brought to the Industrial Court and he was successful in his claim. Explain the remedies that court may award to him.
2. (10 Marks)
3. b)Donistheownerofarestaurantcalled'BlueWaveSeafood'.Recentlyawaiterinhis restaurant spilled a bowl of hot soup onto the lap of one customer, Mila; causing second degree burns to her thigh and leg. Mila is suing the waiter for negligence. However, Don is surprised when he learned that Mila has also named him as a defendant in her suit. Don in wondering why he should be liable because obviously it was the waiter who was at fault. Explain to Don why Mila included his name as the defendant and

discuss whether Mila would be successful in her claim against Don.