Question
Zorro instructed his agent, Robin to sell his piece of land in Banting. Robin managed to find a potential buyer and sold it at RM250,000.
Zorro instructed his agent, Robin to sell his piece of land in Banting. Robin managed to find a potential buyer and sold it at RM250,000. However, without Zorro's knowledge, Robin obtained secret profit of RM10,000 from the sales and credit it into his account. When Zorro find out about it, he was unsatisfied with the matter and demanded the amount of RM10,000 from Robin. Robin refused to tender the secret profit and claimed that he gets the profit out of his own effort.
Discuss whether Zorro is entitled to claim the secret profit and suggest the most suitable method to end their agency relationship. Support your answer with the provisions in Contract Act 1950 and decided cases (if any). (10 marks)
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