Commercial law

Assignment 2

1. Elina, who is keen on gardening, went to “True Gardens shop” to buy

some seeds and fertilizers. After going through some brochures, Elina
decided to buy 10 packets of “Brazilian dahlia seeds”. According to
Ron, the proprietor, these seeds were very popular and have a high
success rate of growth. Four months later, when the flowers bloomed,
Elina discovered that there was no resemblance to the picture on the
packet. The seeds were actually low grade “Polynesian dahlias.”
Advise Elina as to her remedy.
(30 marks)

2. Tamimi has been working in Ipoh for 5 ears and purchase a house
there. Tamimi was then promoted to take up a post in Tawau.
Tamimi sold his house in Ipoh and stored his furniture With Roslan,
who owns a warehouse which provides rental storage space. Roslan
also runs a business of buying and selling furniture.

Two months later Tamimi, having bought a house in Tawau, wrote to

Roslan and instructed Roslan to ship his furniture from the warehouse
to his new address. On delivery Tamimi discovered that a dining
table, a grandfather clock, and an antique cupboard were missing.
The latter two items were valuable antiques which had been in his
family for many generations.

On investigation Tamimi discovered that the dining table had been

sold by Roslan at his regular monthly auction. Sadie had bought and
paid RM1000 for the table. The grandfather clock had been pledged
to Sudirman, a pawnbroker. The antique cupboard had been given
as a birthday present to Maria, Roslan girlfriend.

Discuss whether Tamimi could force the return of any of the items
from Sadie, Sudirman and Maria.

(70 marks)

Submit by 16.1.2024