问答题

问答题 (a) Sally, who owns a beauty parlour, entered into a contract with Kosmetrix Sdn Bhd, a manufacturer of cosmetics, for the purchase of 200 boxes of ‘high quality, super smooth skin lotion’. When the product was delivered Sally found the lotion to be of very poor quality and unsuitable for skin care. She wishes to sue Kosmetrix Sdn Bhd for breach of contract. However, Kosmetrix Sdn Bhd denies liability relying on a clause in the contract which states, ‘Kosmetrix Sdn Bhd does not give any warranty, express or implied, as to the quality of the product contracted for’. Required: Advise Sally whether she may be successful if she sues Kosmetrix Sdn Bhd for breach of contract. (5 marks)

问答题 In October 2008 Miss Kin borrowed RM3,000 from Kah Yah. Miss Kin promised to repay the loan within three months. However, she was unable to repay the full amount. After some negotiation in February of this year, Kah Yah agreed to accept RM1,000 from Miss Kin in full settlement of the debt. Miss Kin promptly paid the amount of RM1,000 to Kah Yah. However, much to her surprise, Miss Kin has just received a letter from Kah Yah demanding the balance of the loan, amounting to RM2,000. Required: Advise Miss Kin on the validity of Kah Yah’s claim for the balance of RM2,000. (5 marks)