Hezri wanted to sell his ‘Mercedes Benz C200 2012 car to his housemate Daniel

INSTRUCTIONS TO CANDIDATES

ANSWER ALL QUESTIONS

 Commercial Law

Contract of Sale of Goods

Section A

Hezri wanted to sell his ‘Mercedes Benz C200,2012’ car to his housemate, Daniel. After seeing the car, Daniel agreed to buy it. Hezri often persuades Daniel to lend him the car that he has sold. Hezri has a set of car keys and he always uses the car whenever he likes regardless of whether Daniel needs the car or not. One day, Daniel drove his car and met his old friend, Mazlan. He showed Mazlan the car. Surprisingly, Mazlan told him that the car was not really a Mercedes Benz C200. Daniel was unhappy when he heard this. He brought it to the nearest PUSPAKOM and it was discovered that while the rear half of the car was a part of Mercedes Benz C200, the front half was part of an earlier model, a Mercedes Benz C180. Daniel was furious with Hezri and planned to take legal action against him. Advise Daniel. 

Section B

Zaleha purchased a Proton X50 car from PomPom Sdn Bhd (PPSB) in Temerloh at a price of RM90,000. PPSB told Zaleha that the car would arrive soon from Tanjung Malim and that once it arrived at the PPSB premises for delivery, Zaleha would have to be there for car collection and full payment would have to be made. A week later, Zaleha received a call from PPSB asking her to take delivery of the car but she was not able to do so as she was out of town. She informed PPSB to keep the car and promised to take delivery of the car once she returned to Temerloh. Zaleha received news that PPSB premises were consequently flooded and all the cars, including hers, were damaged. Zaleha asked PPSB to be responsible for it but the company rejected accountability. Advise Zaleha

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