Question
Read the cases below and answer the question/issue in the cases. In answering the case, please use the IRAC method. Question 1 ((6 Marks)) Milo,
Read the cases below and answer the question/issue in the cases. In answering the case, please use the IRAC method.
Question 1 ((6 Marks))
Milo, a vegetable farmer in Cameron Highlands enters into a contract to supply 200kgs of White Pearl Corns and 200kgs of tomatoes to Holik, a fresh produce retailer in Bangsar. Delivery was supposed to be made on the 15th of September 2022 since Holik has promised his buyers that the corns and tomatoes will be available by the 17th.
As Milo sets off from Cameron on the morning of 15th September with his lorry, a huge landslide occurs which totally obscures the main road connecting Cameron and the towns. Although the old road can still be used, the authorities cautioned the public to exercise care and only use the road when needed. Not wanting to take the trouble, plus knowing that the old road will be congested for hours as people are trying to make their way down, Milo decided to cancel the trip.
He called Holik informing him of the situation. Holik is angry as he has customers waiting for the delivery and threatens to sue Milo if he does not continue with the delivery, but Milo told Holik that their contract has been frustrating and he cannot be blamed.Holik comes to you to seek advice.
Explains to him whether Milo is right or not when he said that the contract between them has been frustrating.
Question 2 ((6 Marks))
Firas visited a night market where he found a unique t-shirt sold by Kiran for RM20. Firas agreed to the price and handed RM20 to Kiran. He then decided to straightaway wear the t-shirt. While he was still browsing at the market, someone approached him and asked where he bought the t-shirt. Firas brought him to Kiran's stall. It turned out that the t-shirt is a rare, limited-edition t-shirt and can fetch RM300 among collectors. Upon hearing this Kiran immediately demanded the t-shirt back and want to return Firas' RM20. Kiran claimed that the contract is void due to a mistake.
Advise Firas whether this is true.
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