Locally and internationally for genuine antique items

Reference no: EM133681681

Business Law Case Study Question:

Aziz is the manager of Rosie Giftshop, which was well-known locally and internationally for its genuine antique items. The store is filled with amazing magical items. Shelves filled with old treasured books, strange looking silverware, unusually looking clocks, some which are moving at two times the actual speed, and even statues of strange people. There were statues of Greek Gods as well. A two faced statue, one face was smiling and the other crying. The marble was smooth under my fingers and I touched the statue. Beautiful paintings of different Lords of ancient time. Ancient radios, cycles, chairs, books and furniture.

On 1st February 2023, Ram visited Rosie Giftshop to buy a gift, and she contracted to purchase an antique concave mirror dated from the Malacca Sultanate era for RM30,000.00. Ram paid for the antique mirror together with special delivery cost and Aziz promised to deliver it to Ram's holiday home at the address about a quarter kilometre away from Taman Tun Dr Ismail town centre on 3rd February, 2023.

On the 4th of February 2023, Roger (Aziz's assistant) mistakenly sold and delivered the same antique mirror to Linda for RM35,000-00. When Ram learned of the sale to Linda, she contacted Linda and asked her to return the mirror. Linda refused to do so.

On the 5th of February 2023, Aziz informed Ram of the aforesaid sale to Linda and profusely apologised for the mistake. He asked her to accept another antique mirror of a different design from the Portuguese era in Malacca. However Ram refused to do so and intended to sue Aziz and Linda.

1. Advise Ram based on the Nemo Dat Quad Non Habet principles and its exceptions.

2. Support your answer with the relevant Sections and decided cases.

3. Quote your references and citations.

Reference no: EM133681681

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