Subject: Contract Law II in Malaysia

Question: (ILAC - short point also acceptable, cite the relevant case)

Heroes Security entered into an agreement with Squeezy Industrial dated 1 February 2019 where it was agreed between the parties that the former was to provide services to the latter as specified under the schedule of service of the said agreement which stated as follows:

Being the services of two unarmed guardsfor twelve hours and one armed guard for eight hours a day at the rate of RM35.00 per man hour.

In 22 November 2019, there was a report made by Squeezy Industrial to Heroes Security regarding a break-in causing two main substations at the factory to be severely damaged and copper wiring stolen from both substations. Squeezy Industrial claimed that Heroes Security breached the contract by failing to conduct patrols in the vicinity of the factory and also to observe for signs of criminal activities through patrolling and to immediately report any security incidents to the respondents. Heroes Security, in defence, argued that the guards were not required under the terms of the agreement to conduct patrols as alleged by Squeezy Industrial.

Advise Heroes Security as to whether they had breached the contract.