BUSSINESS LAW ( MALAYSIA)

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Baddrol had purchased a high performance motorcycle from Motor Yamata Sport's shop, which is owned by his brother, Bakhtiar. For that purpose, a hire purchase agreement was concluded between Baddrol and Bank Affina Bhd. After a month using the motorcycle, the police seized the motorcycle on the suspicion that it was illegally smuggled from Thailand. The officer in-charge informed Baddrol that the seizure would only be for a limited time. The police returned the motorcycle to Baddrol a month later after the investigation completed. Angry with what had happened, Baddrol neglected in paying the motorcycle's monthly instalment. After not having received any payment for two consecutive months, Bank Affina Bhd. immediately sent its agent to repossess the motorcycle from Baddrol, but Baddrol refused to hand over the motorcycle. Baddrol claimed that Bank Affina Bhd. violated the hire purchase agreement for failure to transfer a good title when the motorcycle was seized by the police. Besides, Baddrol also claimed that Bank Affina Bhd. did not have the right repossess the motorcycle. Analyze the above problems. Support your answer based on the provisions from Hire Purchase Act 1967 and decided cases (if any). (10 markah/marks)