QUESTION 3

Boros is a director of a property development company, Harta Ria Sdn Bhd. He was given the task of negotiating the purchase of a piece of land in Samarahan with the owners, Tanah Berhad. In the process of negotiation, Boros was offered a commission amounting to 20% of the purchase price. Boros accepted the commission and the sale was completed but at a price which was over the market value to enable Tanah Berhad to absorb the commission paid to Boros. In the course of his duties, Boros had also received an information regarding another land deal. Pursuant to the information, Boros and his friend Tamak, incorporated a company named Muslihat Sdn Bhd ("MSB"). MSB purchased the said land and developed it, resulting in a huge profit. On another occasion, Boros acted on behalf of Harta Ria Sdn Bhd to enter into an agreement for the purchase of land in Mukah for RM2 million. The land was owned by Boros's wife, Puan Kepoh, but this fact was not disclosed to the company.

Harta Ria Sdn Bhd seeks for your advice on the legal position with regard to the above matters and what are the rights and remedies, if any, that the company has against Boros. (20 marks)

What is the issue, law, what application and the conclusion for this question?

I hope I can get the answer by this evening 01 February 2021.

Thank you tutor