Explain, with reasons, whether the following contracts are valid, voidable or void:

1)

a) Josh lost his wallet and mobile phone when he was travelling to work by bus. The next

day, Josh received a call from a lady named Megan who found his wallet and mobile

phone. Over the phone, Megan told Josh that "You must sell me your mobile phone for

RM100 or else I will steal your bicycle, I know where your house is". Josh was too

frightened that Megan was going to steal his bicycle and agreed to Megan but now

regretted his decision. (6 marks)

b) Jacob and Vanessa had entered into an agreement for the sale of a cargo of durians

arriving from Thailand to Malaysia. It turns out that both parties were not aware of the

types of durians. One party thought it was Musang King and the other party thought it

was D24.

2) Renee, a popular singer, was hired by Smart University to sing at its convocation ceremony.

The term of contract stated that Renee must sing on the convocation day, which will be held

from 10am to 1pm. The term also specified that Renee is required to attend the rehearsal one

day before the ceremony.

Renee failed to attend the rehearsal because she had suffered illness, but she still made

performance by singing during convocation day. Later on, the university repudiated the

contract and refused to pay to Renee.

a) Explain what is a condition, warranty and innominate terms with reference to the

relevant legislations and case law. (6 marks)

b) Explain Renee whether she has breached the terms of the contract and determine the

effect of a breach of condition or warranty in a contract. (8 marks)

[Total: 14 marks]