The Tale of the Siblings

Dona, Donny and Donno are siblings. Dona is always keen to enter any forms of competition found in magazines or newspapers although luck was never on her side. Donny is a software programmer, while Donno enjoys his life as an odd job worker.

A month ago, while reading the DailyOne newspaper, Dona read about Name-the-Car competition organized by a car company, Prozo. Dona was very excited to enter and win the competition because the first prize winner will get a unit of Prozos new car and RM10,000. All she need to do was to think of a nice name, write a matching slogan and post the competition form included in the DailyOne newspaper using normal postal service. However, Dona needed to act fast as she had only 5 days left before the competition end. Dona knew that she had to get her brothers assistance. She informed Donny and Donno on the competition and sworn to give them the RM10,000 upon winning, while the prized car should remain hers. Donny and Donno agreed. They took pictures together to commemorate their agreement on the matters. Later, Donny uploaded the photo in his Facebook with the caption I love my sister. Ill got my share if she wins.

After uploading the photo, Donny received two emails from his previous clients, Jay dan Ron who asked him to do a software programming jobs (details of the required work are provided in the clients emails). Jays work must be finished in two weeks from the date of acceptance, while Rons work to be finished in three weeks from the date of acceptance. Donny will receive RM5000 from Jay and RM6000 from Ron as payment upon completion of the jobs. Donny replied the emails from Jay and Ron and agreed with the terms of the jobs.

Meanwhile, Donno went to find a job and met Mr Sadin, a car dealer. Mr Sadin agreed to hire Donno to polish all the cars at Mr Sadins compound and Donno would get RM1000 lump sum payment. There were 20 cars at the compound. Mr Sadin was in a hurry to go the airport for his five days vacation at Langkawi. Mr Sadin gave Donno a bottle of car wax liquid which was almost empty. Mr Sadin gave RM50 to Donno and asked Donno to buy two bottles of Super Wax at a nearby shop, which priced at RM25.00 per bottle. The place will be attended by Mr Sadins nephew, Sid while Mr Sadin is away. Donno went to the shop but buy instead two bottles of Best Wax at RM26.50 per bottle because Super Wax was all sold out. For that day Donno managed to polish two cars (It took Donno around two hours to wax a car). He was glad that Best Wax worked wonderfully on the cars.

That night, the three siblings discussed the possible names and matching slogan for Name-the-Car competition. Dona had managed to get three additional competition forms. They chose four nice names and matching slogans and filled in Donas name in each competition form. The next morning, Donno helped to post the four entries in his way to Mr Sadins place. Mr Sadins nephew, Sid said that Donno was late and asked him to do the job properly. Sid was not a friendly person. Donno only polished six cars that day. On the next day (the third day), while Donno was polishing a car, Sid came and nagged him for being slow. Donno became upset and said, I quit. Finish the job yourself but Ill come back to collect my pay from Mr Sadin. Donno had not finished polishing any car that day. Sid was afraid if Mr Sadin would punished him so he continued the unfinished work days and night until all the remaining cars were polished.

Donno was also a graduate of ICT and top achiever in his class. When Donny saw that Donno went home early, he requested Donno to assist him to finish Jays software programming job. Donny wanted to focus on Rons job. Donny promised to give 70% of the pay to Donno upon completion within the due date. Donno did the job. He checked and redo Donnys programming, and finished the job before the due date.

Donno also met Mr Sadin at the latters office. Donno claimed for the polishing job payment of eight cars. Donno told him about the Best Wax bottles he bought and asked for the extra RM3.00. Sid who was also in the office argued that Mr Sadin need not pay anything to Donno because it was Sid who finished the polishing job of the remaining cars.

The result for Name-the-Car competition was released a week ago and Dona was contacted by the organizer that shes the winner of the new car and the RM10,000 prize. Dona just kept silent about the announcement until yesterday when Donny and Donno enquired her about the prize. Dona gave excuses that she will want to use the RM10,000 to pay the car insurance, road tax and the house bills, and may only gave RM2000 each to Donny and Donno. The brothers are very unhappy.

Required: (Note: your answers should incorporate the relevant statutory provision (please provide the section and gists only), legal principles and cases, as well as making relevant assumptions in analyzing the situation).

1. Say that Donny delayed in completing Rons work. Donny asked for an extension period and Ron gave him a week to complete. Discuss when would Ron has the rights to discharge Donny from further performance, and whether Ron is obliged to pay Donny if Donny finally finished the work but not meeting the extended time. Limit your discussion to the relevant principles of the law of contract only.