Answered step by step
Verified Expert Solution
Question
1 Approved Answer
usiness Law Xavier owned an old oil painting Rafflesia Flower' which he has inherited from his grandfather 50 years ago He wanted to pawn his
usiness Law Xavier owned an old oil painting Rafflesia Flower' which he has inherited from his grandfather 50 years ago He wanted to pawn his painting for quick cash at he was in financial difficulties In order to pawn Rafflesia Flower, And out of 100 Xavier asked his close friend Yarmin, the sole proprietor of Yarmin Art Appraisal Firm, a licensed appraiser and valuer of artistic personal property, to value Raffletia Flower' at PM 5,000 Instead of the real value of RM2,000 Yarmin gave a valuation report stating the value of the painting is RMS,000 in January this year Xavier successfully obtained a loan of RM5, 000 by pawning his painting at Each Pawnbroker Son Who The pienbroker relied on Yasmin's valuation report given by Xavier together with the painting. They did not make any separate valuation as Yarmin Art Appraisal Firm is a reputable firm After 6 months, Xavier failed to redeem" Rafflesia Flower" from Each Pawnbroker by paying his loan and Interests accrued. Zach Pambroker San. Bhid wanted to sell the painting by auction They were informed by the auctioneer that the painting was worth only RM2,000, The painting was eventually auctioned off at RM 500 only. The relevant provision of the Civil Law Act 1956 is Section 12 Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimant's share in the responsibility for the damage Advise Zach Pawnbroker Son. Bhd. whether they have a valid professional negligence claim in suing Yarmin Art Appraisal Firm for damages caused by the valuation when "Rafflesia Flower" was being pawned. What would Zach Pawnbroker need to prove in bringing a legal action? Also, discuss the potential defences available to Yazmin Art Appraisal Firm based on the relevant provision of the Civil Law Act 1956. [Total: 25 marks]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started