Tom has shipped 30,000 tomatoes from China to Malaysia, he has expressly informed his agent that the tomatoes must be sold at RM10 per kilo and nothing less and at the Kuala Lumpur’s Chow Kit Market only. However, the shipment was delayed due to bad weather conditions. Finn tried calling Tom several times, to apprise him of the situation but Tom did not answer the call. Finn then decided to sell the tomatoes in a popular Penang market for RM5 a kilo, as the tomatoes would go bad if they were to be transported to Kuala Lumpur.

a) Has Finn breached his warranty of authority to Tom? Explain your answer with reference to relevant case law(s) and statutory provision(s). 

Answer rating: 100% (QA)

Claims for breach of authority arise in situations where a solicitor is accused of falsely representing that he has authority to act on behalf of a specific client and inducing a third party to act in ... View the full answer