Topic: Misrepresentation

Ah Hoi is interested in diving. He wants to take up diving course. However, he is unsure whether he is medically fit. He went for a medical check-up at a diving centre. Dr Hari carried out the medical examination. Dr Hari found strong symptoms of asthma in Ah Hoi. Dr Hari said nothing about it as the diving centre is quite low in business due to fear of tsunami. Ah Hoi thought he was medically fit. He signed up for an "Open Water Diving Course" and paid RM950 for the course fees and spent RM 1000 for the diving equipments which he bought from the diving centre. On the first pool session he was having difficulty in breathing. He stopped the session. He went for a thorough medical check-up. Dr Ismail told him he is unfit to dive due to his asthmatic conditions. Advise Ah Hoi. Would your answer differ if Ah Hoi knew that he was an asthma patient?

Please provide relevant cases. Thank you so much!