Section B: Scenario-based Questions (20 marks)

Scenario 1 (12 marks)

Ayda, a 21-year-old student went to a beauty counter to buy skincare products. She approached the consultant at the counter and told the consultant that she has trouble finding the right product to use on her very sensitive skin. The consultant advised her on several products and showed her some of the available catalogues. While flipping through the catalogues, Ayda was excited to see Sheila, her singing idol being featured as the face of 'AURA', a brand-new skin product recently launched in Malaysia. She told the consultant that she wants the whole AURAsetworth RM400. The consultant told Ayda that AURA is more suitable for mature women with aging skin but Ayda insisted on buying the product. Two days after using the product, her skin began to peel and blister, making it very painful. Identify TWO (2) implied terms under the Sale of Goods Act 1957 that Ayda can use to protect her rights as a buyer and discuss whether she can successfully claim against the seller using the two implied terms.

Scenario 2 (8 marks)

2. Ruby owns a farm specializing in organically grown salad vegetables - lettuces, tomatoes, cucumbers, and eggplants. Khadija, who runs a restaurant nearbyputs in an order for 100 steak tomatoes for delivery in two days' time. Khadija specifies that the tomatoes were to be packed in 5 boxes of 20 each. After agreeing on the price and delivery date and time, Ruby picks 100 tomatoes and places them in specially designed trays that prevent the tomatoes from getting bruised and affecting their quality. The trays were then put inside wooden crates which Ruby stacks at the end of the greenhouse where the tomatoes are growing. Ruby intends to put the tomatoes into the five boxes early the next morning before delivering them to the restaurant.

That night however a heavy rainstorm hit the area where Ruby's farm is located. The strong wind causes the glass roof of the greenhouse to shatter and collapse and the remaining crop of tomatoes is destroyed by the rain. The 100 tomatoes put aside for Khadija are also crushed when the greenhouse roof collapses. When Khadija heard about the storm on the morning news, she calls Ruby to find out about her order. Ruby told her that she cannot deliver the tomatoes but since she had already picked the tomatoes as ordered, Ruby insisted that Khadija stillhave topay for the tomatoes. Based on the principles of the Sale of Goods Act and case laws regarding the transfer of property and risk, discuss whether Khadija is obliged to pay for the tomatoes.