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 which cause a contract to be voidable.
b) On 4 March 2014, Ahmad, an antique collector, entered a contract for the purchase of an antique watch, which was described in good faith, by Farisham, the seller, as more than 100 years of age. Ahmad 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 2014, while attending an auction for antiques, Ahmad met Yatt, who told him that she was the person who sold the antique watch which she inherited from her father, to Farisham. Yatt told Ahmad 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.
Ahmad was very disappointed with what Yatt told him and immediately sent an e-mail to Farisham which stated that he intended to terminate the contract which he entered with Farisham on the ground that there was a misrepresentation of fact. Ahmad also wanted to claim back the RM 10 000 of deposit which he has already paid to Farisham.
Question 2:
Ali, Ah Chong and Muthu intend to set up a company to be known as Edaran Auto Sdn Bhd, a company dealing with trading of automobile specifically relating to mainly to local and imported cars and vans.
Ali, Ah Chong and Muthu are planning to appoint you as their company's corporate legal advisor. They seek your professional advice on the following:
a) State five legal differences between a private limited company and a partnership.
b) In relation to assets ownership of the company, briefly explain the fixed and floating charges of a company and its uses as security for bank borrowing.
c) In business practice, a dealer as Edaran Auto Sdn Bhd plays a significant role in conducting hire purchase transactions between banks & its customers:
i. Describe briefly the functions of dealer as agent of the bank under Hire-Purchase Act 1967.
ii. Explain briefly the Islamic Hire-Purchase (AITAB) compared to the Conventional Hire-Purchase scheme and justify your recommendations to potential customers.
d) Discuss briefly the conditions and warranties which are implied under the Sale of Goods Act 1957 for a buyer and a seller.