Question
Salmah attended an electrical goods exhibition organized by Manasonic Bhd. At the exhibition, various types of electrical appliances were exhibited of various brands. Salmah was
Salmah attended an electrical goods exhibition organized by Manasonic Bhd. At the exhibition, various types of electrical appliances were exhibited of various brands. Salmah was keen to look for an oven for baking purposes. There were several brands of ovens with different colours and a number of functions. She enquired the sales person for an oven of XY brand with fifteen functions including the baking of pizzas. The sales person referred her to a particular oven of XY brand which was silver in colour and explained to her that the said oven has eighteen functions including the baking of pizzas. Salmah was very happy with the said oven and paid RM5,600 for the oven. In addition, Salmah also ordered a radio of Sunny brand. The sales person recommended her the said brand. Salmah paid RM800 for the said radio. A few days later, the oven was delivered to Salmah but Salmah was shocked to discover that the oven had only twelve functions and was of black colour. The oven also did not have the function for baking pizzas. In addition, the radio was unable to function at all. Salmah is disappointed and wishes to return the goods and claim for a refund of her money.
Advise Salmah as to her legal position under the Sales of Goods Act 1957 with reference to relevant legal provisions and decided cases.
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