QUESTION TWO (10 marks)

Analyse the following cases. Support your answer with relevant statutory provisions and decided cases

Case 1

Munah worried when the oven, which she bought from Wannaelectricalshop, did not function for the purposeshe requested. Before the purchase agreement was concluded, Munah clearly made it known to Wannathat she wanted to buy an oven which can reheat, bake and grill any food. Relying on Wanna's skill and judgment, Munah bought the oven that was recommended by Wanna which, in fact, could not grill the food as she required. Munah met Wanna and askedfor areplacement.However,Wanna refused to replace it with a new oven.

Case 2

Toyyib owns a mini-market.To facilitatehisbusiness, Toyyib plans to buy a used-lorry for transporting goods from the store to hisminirmarket. Alisoldhis lorry to Toyyibandthe sale pricewas paid in cash. Two monthslater, Toyyib received a notice of repossession for his lorry from ABC Bankand the bank told Toyyib that there was defaultof installment payment for three months. Toyyib was angry and demanded Ali to settle the arrears. However, Ali refused to pay and argued that the arrears were Toyyib's responsibility.

Case 3

Tan had come to Tun'sfarmnursery on 2.2.2021 and had agreed to buy 100 mango seedlings worth RM20,000.00. He asked for payment to be deferred until payment for his project was paid. Tunput a conditionthat the seedlings purchased by Tancanonly be taken after full payment is made at the latest on 04.04.2021. After that date, Tunwill beentitled to selltheseedlings purchased by Tanto somebody else. On 5.4.2021, Tun sold all the seedlings to Tin for RM22,000.00. On 10.4.2021, Tan had come to pick up the seedlings and he wanted to settle the payment in full. Tan was angry when he found out about Tun's actions and demanded loss from Tun as well as the profit made by Tun from the sale to Tin.