QUESTIONS

Based on the scenario between Mr. Primadone and Mr. Greenberg, interpret:

(i) If the 6 elements of a contract exist.

(ii) The type of discharge that exists Use at least 2 cases to supportthe discharge type identified.

(iii) If there is any remedy that Mr. Primadonecan claim. Use at least 2 cases to support your stand

Mr. Primadone is an avid fan of antique cars. As he drives by a car dealership, he sees an advertisement of a vintage Porsche for sale. The advertisement describes the specifications the car has and identifies Mr. Greenberg as the seller of the car. Mr. Greenberg has set the sale price at RM 180,000 which can be paid within 3 (three) instalments over a period of 6 months. Mr. Primadone sees the car but does not test it and he immediately expresses his interest to purchase the car. He makes the first instalment payment on the spot and agrees to pay the remaining two instalments within the next couple of months. In conversation, he expresses to Mr. Greenberg that he intends to use the car for leisure driving and will be showcasing the car at an exhibition on 5th March which is in a couple of days. Mr. Greenberg assures Mr. Primadone that the car is in full working order and leisure driving would be most appropriate as the car is approximately 40 years old. He also states that he can have it delivered to him today, 3rd March. Mr. Primadone leaves his home address and says that he will be at home when the car is delivered. On his journey home and in excitement, he contacts the person in charge of the exhibition and confirms his entry of the Porsche. He does an online transfer to confirm the slot. On 3rd March, the carriage truck is on its way to Mr. Primadone's house. As the driver attempts to avoid a pothole on the road, the truck tyre bursts and the impact affects the suspensions to the car. The car is returned to the dealership to be repaired. Unfortunately, due to a short circuit, the dealership showroom catches fire and burns to the ground. The car is charred beyond recognition and Mr. Primadone is fuming. Both the car and dealership have been insured prior to the fire. Mr. Greenberg is however reluctant to disclose this fact to Mr. Primadone as he feels he will need the insurance money to recover his losses. He is of the opinion that Mr. Primadone should have informed him that the road leading to his home address was riddled with potholes so that he could have arranged for a larger durable carriage truck to transport the car. He also thinks that he does not have sufficient amount to refund Mr. Primadone the 1st instalment payment