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Commercial Law

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153 views14 pages

Commercial Law

Uploaded by

enyeelee0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Commercial Law

(DBCL 2653)
Presented By:
LIM WEI KANG (DIA100018)
WONG POH YEE (DBM 101025)
BRANDON PHANG (DBM 101027)
CHING ZI WEI (DBM 101031)
LEW ZI KANG (DBM 101032)
CONTENTS

1 2

THE
ASSIGNMENT INTRODUCTION
QUESTION

3 4

MAIN CONTENT CONCLUSION


The assignment question

 Rina ordered 200 tins of peaches imported from Australia from Mr.
Wong.
 When Mr. Wong delivered the peaches, Rina found that only 150
tins of the peaches were imported from Australia while the rest were
imported from China.
 Rina is not satisfied.

Discuss the rights that Rina has as a buyer and the remedies that
she may be able to claim from Mr. Wong.
INTRODUCTION
Definition of ‘Goods’:
 Any kind of movable property other than actionable claims and
money.
 Includes stocks and shares, growing crops, grass, and things
attached to or forming part of the land which are agreed to be
severed before sale or under the contract of sale.

Definition of ‘Goods on Sale’


 A contract by which a seller transfers or agrees to transfer the
ownership of goods to a buyer in exchange for a money price.
The contract of Sale
 Section 5(1) of the Sale of Goods Act:
Made by an offer to buy or sell goods at a price and by the acceptance
of such an offer

 Section 5(2) of the Sale of Goods Act:


A contract of sale may be made in writing or by word of mouth.
In conclusion, there is a contract of sale between Rina and Mr.
Wong. Rina ordered 200 tins of peaches from Mr. Wong and
Mr. Wong agreed to sell to Rina by delivering those 200 tins of
peaches to her.
Main content
Implied Terms:
 Unstated but understood terms within a contract.

B
C

D
Rights of Seller:

1
(c)]

2
Rights of Buyer:

3
Related Case Laws:
 Interdeals Automation (M) Sdn Bhd vs Hong Hong Documents Sdn Bhd
 Buyer explicitly or implicitly communicated the purpose for which they
were purchasing the goods.
 As a result, there was an implied condition that the goods supplied would be
reasonably fit for that specific purpose, even if it was not a common purpose
for such goods.
 This highlights the importance of accurately describing goods and ensuring
they meet the buyer’s intended use.
Related Case Laws:
 Wilson vs. Rickety, Cocketell & Co Ltd
 This case emphasizes the standard of quality of goods.
 Section 16 of the Sale of Goods Act 1957 in Malaysia states that goods must
be reasonably fit for the purpose for which the buyer intends to use them.
 If goods are sold in the course of a business, there is an implied condition
that they must be of merchantable quality.
 However, if the buyer examines the goods, there is no implied condition
regarding defects that should have been revealed during the examination.
Conclusion
Facts:
 Based on the given fact, Rina is a buyer.
 She is entitled to sue for :
non-delivery of goods under S57 OR sue for specific performance.

Conclusion:
 She has received only 150 tins of the peaches that were imported from
Australia and the rest were imported from China.
 She can sue for specific performance to get the seller, Mr. Wong to give 50
tins of Australia peaches back to her.

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