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    Assignment 1 & 2

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    nurul rabiatul
    This document contains two assignments related to contract law. [Assignment 1] discusses the duties of an agent and potential remedies available to a principal when the agent receives an undisclosed commission from a third party. [Assignment 2] asks whether three sample transactions (purchase of a bungalow, ancient coins, and shoes) are governed by the Sale of Goods Act 1957. The response indicates that only the purchase of ancient coins and shoes would fall under the Act since a bungalow is considered immovable property and therefore not goods.

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    Assignment 1 & 2

    Uploaded by

    nurul rabiatul
    11 views4 pages
    This document contains two assignments related to contract law. [Assignment 1] discusses the duties of an agent and potential remedies available to a principal when the agent receives an undisclosed commission from a third party. [Assignment 2] asks whether three sample transactions (purchase of a bungalow, ancient coins, and shoes) are governed by the Sale of Goods Act 1957. The response indicates that only the purchase of ancient coins and shoes would fall under the Act since a bungalow is considered immovable property and therefore not goods.

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    the basic business law assignment on how to solve some problem in business life law 416 uitm

    Original Title

    202160188 ASSIGNMENT 1 & 2

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    This document contains two assignments related to contract law. [Assignment 1] discusses the duties of an agent and potential remedies available to a principal when the agent receives an undisclosed commission from a third party. [Assignment 2] asks whether three sample transactions (purchase of a bungalow, ancient coins, and shoes) are governed by the Sale of Goods Act 1957. The response indicates that only the purchase of ancient coins and shoes would fall under the Act since a bungalow is considered immovable property and therefore not goods.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    11 views4 pages

    Assignment 1 & 2

    Uploaded by

    nurul rabiatul
    This document contains two assignments related to contract law. [Assignment 1] discusses the duties of an agent and potential remedies available to a principal when the agent receives an undisclosed commission from a third party. [Assignment 2] asks whether three sample transactions (purchase of a bungalow, ancient coins, and shoes) are governed by the Sale of Goods Act 1957. The response indicates that only the purchase of ancient coins and shoes would fall under the Act since a bungalow is considered immovable property and therefore not goods.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    You are on page 1of 4

    FACULTY OF BUSINESS AND MANAGEMENT

    UNIVERSITI TEKNOLOGI MARA SARAWAK


    KOTA SAMARAHAN

    INDIVIDUAL ASSIGNMENT
    (LAW 416)

    ASSIGNMENT 1 & 2

    Name : Dayang Nurul Rabiatul Binti Abdullah


    Student ID : 2021601188
    Group : BA2421A
    Assignment 1

    Koh entered contract with Tomes Publishing House to produce a new commercial law textbook. Koh
    recently found out that his book agent, Gan, had received a personal commission of RM10,000 from
    Tomes Publishing House while negotiating the publishing contract on his behalf. As result,Koh will
    suffer a loss of RM30,000. Koh is very angry.

    Gan is an official agent of Koh. As an agent, Gan has to fullfill his duty to his principle, Koh.
    One of it is not to make secret profit out of the performance of his duty. Secret profit means bribe or
    any payment of a secret commission received by the agent over and above the commission or other
    remuneration agreed by the principal and the agent. However, if the principal knows of the profit
    gained by the agent, and the principal consent to it, it is no longer “secret”.

    In this situation, Gan failed to fullfill one of his duty as an agent. Koh has right to claim
    remedies from the act of Gan. The remedies available for Koh who did not consent to the secret profit
    is repudiate the contract especially in the case of disadvantageous. Secondly, Koh may recover the
    amount of the bribe from Gan according to Section 169 CA 1950. For example of the case of TAN
    KIONG HWA V. ANDREW S.H. CHONG (1974). The plaintiff authorized the defendant as his
    agent to sell the flat for RM45,000 and the defendant sold it for RM54,000 and the difference of
    RM9,000 was credited to the company. Court held that the plaintiff was entitled to recover RM9,000
    from the defendant as the defendant had breached his duty as an agent. Third, Koh may refuse to pay
    Gan his commission or other remuneration. For example of the case of ANDREWS V. RAMSAY
    AND CO (1903). In this case, the plaintiff (i.e the principal could recover both sums that is the
    commission paid to the agent and the secret commission received by the defendant from the third
    party. Forth, Koh may dismiss or terminate Gan for breach of duty. Fifth, Koh may sue Gan and
    Tomes Publishing House giving the bribe for damages for any loss he may have sustained through
    entering into the contract. For the example of the CASE : MAHESAN V. MALAYSIAN GOVT.
    OFFICERS CO-OPERATIVE HOUSING SOCIETY LTD which the appellant (agent) had bought a
    piece of land for RM944,000 from the vendor for the respondent and the vendor previously received
    pay of RM456,000 for the land. Court held that respondent could recover either the bribe or the
    amount of actual loss suffered by it as a consequence of entering into the contract. Last but not least,
    Koh may also bring criminal charges for bribery under the Prevention of Corruption Act 1961.
    Assignment 2

    Discuss whether any of the transactions are governed by the Sae of Goods Act 1957

    Kamil forms a contract for the following transactions with Kamal:

    i. The purchase of bungalow at Taman Li Hua for RM50,000


    ii. The purchase of 30 pieces of ancient coins for RM10,000
    iii. The purchase of a pair of branded shoes for RM200

    Answer:

    Sales of good Act 1957, under section 4(1) which a contract of Sales of Goods is a contract
    whereby the seller transfer or agrees to transfer the property in goods to the buyer for a price. The
    goods is the subject matter of the contract. ‘Goods’ have been defined under § 2(7) of the Sale of
    Goods Act, 1930, to include every kind of movable property, including stocks, shares, crops,
    grass, severable objects, etc. It is supplemented by the definitions of movable and immovable
    property under § 3(36) and § 3(26) of the General Clauses Act, 1897. A bungalow, which is
    under land(houses and building) , is not regarded as goods. So it is not governed by the Sale of
    Goods Act 1957. An ancient coin, which was sold as a curio piece & not currency, is regarded as
    a goods. So it is governed by the Sales of Goods Act 1957. A shoes, which is under all form of
    moveable property, is regarded as goods. So it is governed by the Sales of Goods Act 1957
    References
    Maini, B. N., Charanadithiya, Sharma, M., kaur, G., & Daagba, I. (2019, March 22). "goods" under the
    sale of Goods Act, 1930. Academike. Retrieved January 2, 2022,
    from: https://www.lawctopus.com/academike/goods-under-the-sale-of-goods-act-1930/

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