Purchase Solution

Law of Hire-Purchase

Not what you're looking for?

Ask Custom Question

QUESTION 1:
a) "In simple language, a misrepresentation is a representation that is untrue. It is a false statement made by one party to the contract to the other, before, or at the time of contracting, on which that other party relied on in contracting."
Per Abdul Malik Ishak J. in Travelsight (M) Sdn Bhd & Anor v Atlas Corp Sdn Bhd [2003] 6 MLJ 658. With reference to the Contracts Act 1950 and relevant cases, discuss the circumstances and elements of misrepresentations.

b) On 4 March 2013, Jalil, an antique collector, entered a contract for purchase of an antique watch, which was described in good faith, by Farid, the seller, as more than 100 years of age. Jalil paid the deposit of RM10 000 out of the total price of RM 50 000 and promised to pay the balance within one week. On 6 March 2013, while attending an auction for antiques, Jalil met Yati, who told him that she was the person who sold the antique watch which she inherited from her father, to Farid. Yati told Jalil that the watch is not very old as her father bought the watch on the day that Malaysia got its independence, i.e. on 31 August 1957. Jalil was very disappointed with what Yati told him and immediately sent an e-mail to Farid which sated that he intend to terminate the contract which he entered with Farid on the ground that there was a misrepresentation of fact. Jalil also wanted to claim back the RM 10 000 of deposit which he has already paid to Farid.
Advise Farid.

Purchase this Solution
Solution Summary

The law of hire purchase is discussed.

Solution Preview

QUESTION 1:
a) "In simple language, a misrepresentation is a representation that is untrue. It is a false statement made by one party to the contract to the other, before, or at the time of contracting, on which that other party relied on in contracting."
Per Abdul Malik Ishak J. in Travelsight (M) Sdn Bhd & Anor v Atlas Corp Sdn Bhd [2003] 6 MLJ 658. With reference to the Contracts Act 1950 and relevant cases, discuss the circumstances and elements of misrepresentations.

Importance of statements made in regard to a contract, determine the elements of misrepresentation. If the injured party in a ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
Recent Feedback
  • "Thank you however I have two questions: 1.) where in this passage is the actual problem statement? 2.) if you used references can you please provide them? This is great work and I am so grateful. "
  • "Thank you very much"
  • "excellent analysis"
  • "graet job very helpful"
  • "Thank you, excellent and very detailed."
Purchase this Solution
Free BrainMass Quizzes
Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Evidence

Do you know your evidence objections? Find out with this quiz!

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

View More Free Quizzes
Related BrainMass Solutions

  • Law of Hire-Purchase

    The law of hire-purchases are discussed.

  • Business Law Question - Is this a contract?

    A contract is a legally binding exchange of promises or an agreement between parties that the law will enforce. In order for a contract to be legal there has to be: 1. an offer (what the services will be or what the purchase is for) 2.

  • Consumer Credit

    Most of the customers are able to purchase a new or used car on either a credit sale or hire purchase basis.

  • Treatment of Hire-Purchase in the Financial Statement

    This discusses the treatment of Hire-Purchase in the Financial Statement

  • The Law & Classifying Workers as Indenpendent Contractors

    The factors include the type and degree of instructions the business gives the worker, including when and where to do the work, what tools or equipment to use, what workers to hire or assist with the work, where to purchase supplies, what order/sequence

  • What are consumer protection acts and are they effective?

    Finally, law makes it easier to for consumers to pursue legal action in the event of a breach-of-contract. 4) I believe there is still too much room for legal loopholes to be inserted on behalf of sellers.

  • Illegal Immigration: A Brief History and Current Perspective

    As the nation grew with the Louisiana Purchase, the Gadsden Purchase and the acquisition of the west coast the government of the United States desperately needed people to settle the land and make it profitable.

  • Hiring Attorney for In-House Legal Department

    What are the three most important factors you will use in assessing candidates for the job of General Counsel? Do you want to hire a General Counsel with criminal law experience, civil law experience, both, something else?

  • Bad Grammar in Advertising

    If she is such an expert in the field of family law, I would hope that she would at least be able to spell prenuptial on her website. Because the practice of law is so specialized and technical, I would never hire this attorney.

View More Related Solutions