Question
Sharifah who was a retired nurse was interested to find a piece of land owned by Kamal in Kuala Lipis for her dream agricultural project.
Sharifah who was a retired nurse was interested to find a piece of land owned by Kamal in Kuala Lipis for her dream agricultural project. She asked Kamal about the suitability of that land for mango tree plantation. Kamal opined that the said land was suitable and could accommodate at least 300 mango trees. However, Sharifah and Kamal had actually never involved in mango tree plantation. By solely relying on the opinion of Kamal, Sharifah entered into a contract with Kamal to purchase the land for the price of RM55,000.00. Sharifah then realised that the land was, in fact, unsuitable for mango tree plantation after several attempts of mango tree plantation failed.
Meanwhile, Salehah, Sharifah's sister, is a widow aged 68 who owned a bungalow in Alor Setar. She communicated with her nephew, Arman about her intention to give the bungalow to charity upon her death as she did not have any children of her own. Arman felt uneasy with the decision as he has been eyeing to own the bungalow since childhood. Knowing that Salehah could not understand English comprehensively, he prepared a sale and purchase agreement involving the bungalow and asked Salehah to sign it. On the signing date, Adam intentionally broke Salehah's spectacles. Salehah signed the agreement because she was assured it was a rental agreement where Arman would pay monthly rental to her upon his occupation on the bungalow. After two months in occupation, Arman then claimed vacant possession of the bungalow alleging that he is a valid registered proprietor of the bungalow. Salehah is very upset.
What do you think? Would the position be different if Kamal had the experience in mango tree plantation and Salehah is an educated person who knows English well?
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