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MUHAMMAD SHARID BIN MOHD SUHAIMI ( IDA 15 070-069 )

Section B
Question 1
In relation to the law of SOGA , answer the following question
a)
What are the remedies available to a seller when a buyer fails to take
delivery of goosd at agreed date (2 marks)
when a buyer fails to take delivery of goods at agreed date ,the buyer was
classify under section 44 which is the seller may claim for loss reasonable charge
as to take care the goods
b)
Explain rights of the buyer at each of the following circumstances : (6
marks)

i. seller delivered goods of less quantity than contracted


Based on the section 37 (1), if the quantity of goods less than the contracted to
buy. The buyer may reject or accept the goods and pay for the contract rate
as in Harland and wolff v j.burstal , the contract was 500 loads of timber but then
, the seller just sent only 470 to the buyer . as the result , the buyer had reject
the contract.
ii. seller delivered goods contracted to buy mixed with goods of
different description
Based on the section 37 (3) , the buyer can do 2 things , which are first ,
whether to accept the goods included in the contract and reject the rest or
second, reject the whole goods
iii. seller fails to deliver goods contracted to the buyer at agreed time
Based on the section 38 (1) ,provides that unless agreed by the parties, the
buyer is not bound to accept delivery by instalments
c) State 3 methods of acceptance as provided by secion 42 SOGA 1957
1. When the buyer intimates to the seller his acceptance
2. when the goods have been delivered to the buyer , he does any act which is
inconsistent with the ownership of the seller
3. when, after the lapse of a reasonable time, he retains the goods without
intimating to the seller his rejection

d) Explain actions that could be taken by a seller against the goods


contacted to be sold to the buyer when the buyer fails to pay the price
of the goods at agreed time.
( 9 Mark)

when the buyer fails to pay for the goods, the seller can take 2 actions. First ,
action against the buyer or action against the goods. In order to use the action
against the buyer, the seller may sue for the price by section 55 and claim
damages by section 56.
In order to use the action to the goods. First, the seller has the right to exercise
the lien by section 46 (1) , it is a right to keep the goods until the payment is
made . Second, right to stoppage in transit by section 50 provides that the seller
can stop the goods in transit and retake delivery while they are still possession of
the carrier. Third, right to resell by section 54 provides that, after the seller has
exercised the lien or stoppage in transit, he/ she may resell the goods under a
few situation, the goods is perishable item, seller had sent a notice to buyer
regarding to the resell action after a reasonable time was given, when the right
to resell was revel in the contacted before.

Section c
Question 1
a)
whether Mas as to the time at which the ownership Is passed to her on the
ground of transfer of title or not.
Based on section 21 , property or title does not pass until this action to
put the goods in a deliverable state has been done and the buyer has notice it.
In the case of Wallace v safeway caravan , a buyer agreed to but a
caravan with the condition that the shower head is going to be repair . he pays
before the job is done . the caravan was later stolen from the go-down. The court
held that, that the risk is liable by the seller since the shower head is not repair
yet.
Application to this case is , Mas bought a second hand Mercedes from
Mutiara Enterprise for her son as wedding gift . she already paid RM90,000 in
cash to the dealer for the car. Unfortunately , the car was scratched at the side
mirror of the car when the car was driving to the mutiara office . By the way,

Mutiara enterprise promised to change the side mirror with the new one but Mas
has to wait for 2 weeks foor the new side mirror. Mas agreed to collect the car as
the car was complete fixed. As the situation ,there is no transfer of the property
or title happened .
As the conclusion , Mas as to the time at which the ownership Is passed to
her on the ground of transfer of title after the car was complete fixed.