Friday, March 25, 2011

Bila kita asyik melihat kesilapan orang lain...

Begitulah kebanyakan kita hari ini, sering melihat kesilapan orang lain, jarang sekali menilai diri sendiri.
Kenapa kita selalu mencari kesilapan orang?
Kerana kita sering merasakan kita lah yg terbaik. Itulah yang puncanya.
Saya menerima kesan akibat perangai segelintir manusia sekeliling yang merasakan dia yang terbaik. Hasilnya, saya terpaksa bersabar dalam keadaan yang sepatutnya saya gembira untuk merealisasikan apa yang saya impikan selama ini.
Jika berterusan begini, semoga saya akan dapat bersabar menghadapi kerenah manusia 'sempurna' begini.....

Monday, March 14, 2011

Notes on Remedies for Breach of Contract for Sale of Goods


  1. Rights of the unpaid seller against the goods
  2. Rights to sue for breach of the contract
  3. Rights of the buyer to sue for damages for non-delivery
  4. Rights of the buyer to bring an action for specific performance
  5. Remedies available to the buyer for breach of warranty
  6. Buyer’s action in tort

Rights of unpaid seller against the goods

Unpaid seller is:

- a seller to whom the whole of the price has not been paid/ tendered.

- a seller to whom where a bill of exchange/ other negotiable instrument has been received as conditional payment & the condition on which it was received has not been fulfilled due to the instrument being dis-honoured/ for some other reason.

The rights of unpaid seller are:

  1. A lien on the goods for the price- S. 46(1)(a)
  2. A right of stopping the goods in transit in the case of the buyer’s insolvency- S. 46(1)(b)
  3. A right to resale- S. 46(1)(c)
  4. A right of withholding delivery- S. 46(2)


= the unpaid seller of goods who still possesses them is entitled to retain possession of them until payment/ tender of the price in any of the following events;

  1. The goods have been sold without any stipulation as to credit
  2. The goods have been sold on credit, but the term of credit has expired
  3. The buyers become insolvent

Right of the seller to sue for breach of contract

The seller can sue for the price of the goods where:

  1. The property in the goods has passed to the buyer & the buyer wrongfully neglects/ refuses to pay for the goods; &
  2. Where it is contracted that the price be paid on a certain date irrespective of delivery & the buyer wrongfully neglects/ refuses to pay such price ( even though the goods has not passed & the goods have not been appropriated to the contract.

- s. 55(2)

Right of the buyer to bring an action for non-delivery

S. 57 – where the seller wrongfully neglects/ refuses to deliver the goods to the buyer – may sue for damages for non-delivery.

Right of buyer to bring an action for specific performance

S. 58 – the buyer may bring an action for S.P of the contract by the delivery of specific/ ascertained goods.

But this remedy is available at the discretion of the courts.

Remedies available to buyer for breach of warranty

The buyer cannot reject the goods but :

  1. Set up against the seller the breach of warranty in diminution or extinction of the price, or
  2. Sue the seller for damages for breach of warranty

Buyer’s action against TORT

Can sue the seller in tort by bringing an action in detinue & conversion.

All the best to all my beloved students...never give up!!!

Monday, February 28, 2011

Notes on Duties of Principal & Agent..

Laid down in S. 164 to 178 Contracts Act 1950:

*S. 164 – agent’s duty in conducting principal’s business : must conduct the business of his principal according to the directions given by his principal & act according to the customs in the absence of any such directions.

* S. 165 – an agent is bound to conduct the business of the agency with as much skill as is generally possessed by persons engaged in similar business & bound to act with reasonable diligence.

*S. 166 – an agent is bound to render proper accounts to his principal on demand.

*S. 167 – an agent’s duty to communicate with the principal in cases of difficulty, and use all reasonable diligence to obtain his instructions.

S. 168 – the principal may repudiate the transaction if an agent deals on his own account in the business of agency without obtaining the consent of his principal.

*S. 169 – the principal is entitled to claim from the agent any benefit if an agent without his principal’s knowledge, deals with the business of the agency on his own account instead of on his principal’s account.

*S. 170 – agent’s right of retainer out of sums received on principal’s account if he acts in his capacity as an agent.

*S. 171- an agent is bound to pay to his principal all sums received on his account.

*S. 172- an agent’s remuneration becomes due upon the completion of the act but the agent may detain monies received by him on account of goods sold although the whole of goods consigned to him for sale may not have been sold or the sale may not be actually completed.

*S. 173 – an agent who is guilty of misconduct in the business of the agency is not entitled to any remuneration in respect of that part of the business which he has misconduct.

*S. 174 – an agent is entitled to retain goods/ any property of the principal received by him until the amount due to himself for commission/ disbursements has been paid to him. (agent’s lien on principal’s property)

*S. 175 – the principal is bound to indemnify his agent against the consequences of all lawful acts done by the agent in exercise of the authority conferred upon him.

*S. 176 – agent to be indemnified against consequences of acts done in good faith though it cause an injury to the rights of 3rd party.

*S. 177 – when the principal employs his agent to do an act which is criminal, the principal is not liable to the agent to indemnify him against the consequences of that act.

S. 178 – the principal must take compensation to his agent in respect of injury caused to the agent by the principal’s neglect.

Tuesday, February 15, 2011

Tak sabar menanti 28Mac2011....

Semoga perjalanan kali ini dipermudahkan & sentiasa di bawah lindunganNya..Amiinnn....
Betul2 dah tak sabar niiii....sangat2 mengujakan trip kali ni...