Question
There was an advertisement in the newspaper placed by Aminah, offering to sell her MyVi car for RM20,000. Hong, a rogue, approached Aminah and introduced
There was an advertisement in the newspaper placed by Aminah, offering to sell her MyVi
car for RM20,000. Hong, a rogue, approached Aminah and introduced himself as Datuk
Chong, a Managing Director of a well-known company, Chong Motors Bhd. He wanted to
buy the car but offered to pay for it by cheque. He had written his office address and
telephone number at the back of the cheque.
Aminah was initially reluctant to accept this mode of payment but after she checked the
company's name and address with the Registrar of Companies, she was satisfied as the
particulars in the register matched those given by Datuk Chong (actually Hong) on the
cheque. Aminah took the cheque and handed over the car keys to Hong.
A couple of days later, Hong sold the car to Amy for RM25,000, and without notice of the
lack of title in the seller, Hong. After getting the money, Hong disappeared. At the same time
the cheque presented by Aminah to the bank was dishonoured. Aminah got to know that Hong
was a fraud.
Advise Aminah whether she can recover the car from Amy under the Sale of Goods Act 1957.
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