Reference no: EM13790489
QUESTION 1
a) "In simple language, a misrepresentation is a representation that is untrue. It is a false statement made by one party to other, before, or at the time of contracting, on which that the other party relied on in contracting."
Per Abdul Malik Ishak J. in Travelsight (M) Sdn Bhd & Atlas Corp Sdn Bhd (2003) 6 MLI 658.
With reference to the contract Act 1950 and relevant cases, discuss the circumstances and elements of misrepresentation which cause a contract to be voidable.
b) On 4 March 2013 Ahmed, an antique collector, entered a contract for purchase of an antique watch, which was described in good faith, by Farisham, the seller, as more than 100 years of age. Ahmed 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, Ahmed 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 Ahmed 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. Ahmed was very disappointed with what Yatt told him and immediately sent an email to Farisham which stated that he intend to terminate the contract which he entered with Farisham on the ground that there was a misrepresentation of fact. Ahmed also wanted to claim back the RM 10 000 of deposit which he has already paid to Farisham. Advise Farisham.
QUESTION 2
Raju and Kamala set up a consultancy firm under the name of Expert Consultancy in June 2000. The partnership agreement clearly stated that the partnership shall remain for a ten year period. In December 2010, Kamala took a personal loan amounting to RM100,000 from Bank Business, but failed to pay three installments. Kamala later assigned her interest in the firm to Bank Business. Raju was not happy with the assignment and gave a notice to Kamala for dissolution of the firm. Raju decided that if Kamala refused to accept the notice, he would apply for dissolution by a court order.
Discuss:
a) The right of Kamala to assign her interest in Expert Consultancy to Bank Business.
b) Discuss the ways for dissolution of partnership. What are the grounds that Raju could use to apply for dissolution of their partnership by way of court's order?
|
What about their use of causes and stones discussion
: Can you find examples of participants using symbols or metaphors in their responses? What about their use of causes and Stone's discussion? Does the understanding of Stone's symbolic representation help in understanding the responses
|
|
Business activities-operating activity-investing activity
: Bill and Steve recently formed a company that manufactures and sells high-end kitchen appliances. The following are a list of activities that occurred during the year. Classify each of the business activities listed as either an operating activity (O..
|
|
Determine which project might be implemented and why
: Write an email response in which you address the following points: Determine which project might be implemented and why
|
|
The various fraud statistics
: Look at the various fraud statistics in Table 14.1 of your text. Determine the characteristics of the person most likely to perpetrate a large fraud. Post your opinions on this to the discussion forum and give the reasons why you think such a person ..
|
|
Discuss the ways for dissolution of partnership
: Discuss the ways for dissolution of partnership. What are the grounds that Raju could use to apply for dissolution of their partnership by way of court's order
|
|
Economic development activities
: Prepare the city of savannah Georgia balance sheet at December 31, 2016 and it's 2016 statement of revenues, expenditures and changes in fund balances. the city has taken the formal action required to commit $500 to economic development activities.
|
|
How each brand attracted you initially
: Choose two brands (use either products or services; for example, a hotel chain) that you have used repeatedly. Describe: how each brand attracted you initially, what you associate with the brand, and why you stick to that brand rather than trying a d..
|
|
Describe methods of communication
: Develop a incident action plan for counterterrorism and interagency cooperation. Describe methods of communication and describe immediate contacts, actions, responsibilities, physical protection equipment, and so on. Answer the following question..
|
|
Assignment on ethnographic comparison
: Ethnographic Comparison
|