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Thursday, January 3, 2019

Principles of Law Essay

QUESTIONMalik runs a restaurant at Taman Desa Kluang, Johor. He ordered from Ah Chong Mini Market 50 bags of Pakistani basmati strain at RM40 per bag and two hundred litterets of scrape at RM2.20 per ganget. It was expressly hold between the parties that Ah Chong must pack the saccharify in boxes containing 20 packets severally. However, when Ah Chong delivered the goods to Maliks restaurant, it was entrap that the sugar was packed in boxes containing 30 packets each. The basmati strain that was supplied was found to be from India non Pakistan. Malik wishes to obviate the goods. Advise Malik.Problematic contractWhether Malik dismiss take legal movement against Ah Chong for go of implied condition by description.Principles of practice of law character 2 of SGAEvery word form of movable property other than unjust claims and money, and includes stocks and sh bes, growing crops, grass and thing machine-accessible to or forming part of land which are agreed to be seve red for deal or under the contract of cut-rate sale share 15 of SGAIf the contract is for the gross sales of goods by description, in that respect is an implied condition that the goods must signify with the description. theatrical role Moore & deoxyadenosine monophosphate Co v LaunderFacts Contract for 3,100 cases of preserve fruit packed 30 tins to a case. But half of the cases contained precisely 24 tins although the total quantity was met. Held the goods not correspond with contractual description.The buyers entitled to worsen the goods.Case Nagurdas Purshotumdas v Mitsui Bussan KaishaPrevious contract- sale of dredge which had been sold in bags transmiting a well-known trade mark. Subsequent contract- flour ordered the alike as our previous contract. Seller supplied flour of the same quality but did not bear the same well-known trade mark. Held there was a breach of condition as the goods did not correspond with the description.Application harmonise to Section 2 o f SGA, basmati rice and sugar are movable property. check to Section 15 of SGA, the basmati rice and sugar supplied by Ah Chong must correspond with the description declared by Malik. According to the case of Moore & Co v Launder, Malik ordered from Ah Chong to delivered cc packets of sugar and pack the sugar in boxes containing 20 packets each but Ah Chong pack the sugar in boxes containing 30 packets each. According to the case of Nagurdas Purshotumdas v Mitsui Bussan Kaisha, Malik ordered Ah Chong to delivered basmati rice from Pakistan but Ah Chong supplied basmati rice from India not Pakistan. ratiocinationMalik ordered from Ah Chong to delivered 200 packets of sugar and pack the sugar in boxes containing 20 packets each but Ah Chong pack the sugar in boxes containing 30 packets each. Malik also ordered Ah Chong to delivered basmati rice from Pakistan but Ah Chong supplied basmati rice from India not Pakistan.Therefore, Malik layabout take legal action against Ah Chong for breach of implied condition by description. Malik also can repudiate the contract or reject the goods.QUESTIONDiscuss the differences between conditions and warranties in a contract of sale of goods.CONDITIONSSection 12(2) of SGA-Definition of ConditionCondition is a cartel essential to the main aim of the contract. divulge of ConditionContract can be repudiated, goods can be rejected.Exceptions (Situations where the innocent companionship cannot repudiate the contract) Section 13 of SGA Where the buyers waives the condition. Where the buyers elects to mete out the breach of condition as a breach of warranty. Where the contract is NOT dissociable and the buyer has accepted the goods. Where the contract is specialised goods the property in goods or self-control has passed to the buyer.WARRANTIESSection 12(3) of SGA-Definition of WarrantyWarranty is a stipulation collateral to the main purpose of the contract.Breach of WarrantyCan only claim damages but cannot reject goods or repudiate the contract.

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