Question: Sealan 1 Question 1 Keysight SDN BHD was an electronic chip manufacturer based in Penang, Malaysia. They are the main supplier of this specific chip

 Sealan 1 Question 1 Keysight SDN BHD was an electronic chip

Sealan 1 Question 1 Keysight SDN BHD was an electronic chip manufacturer based in Penang, Malaysia. They are the main supplier of this specific chip in the region of Malaysia, Singapore and Thailand. Their selling price are unique to each different region, through their dealer and distributors in the same region. TN Electronic Berhad based in Malaysia is one of the dealer who signed a contract with Keysight SDN BHD to purchase these electronic chips, and their agreement include specific amount of chips, duration for delivery, and its selling prices per unit. Keysight included a clause of penalty in this contract, to prohibit any of their dealer to resell their product at other region (outside of Malaysia). INNOVATE Enterprise is one of the customer of TN Electronic Berhad in Malaysia. They obtained these electronic chip from TN Electronic Berhad, and they resell it at Thailand with cheaper prices. Advise whether Keysight SDN BHD had the right to access damages with INNOVATE Enterprise. Discuss this with reference to the Contracts Act 1950, in particular, the elements essential to an enforceable agreement and the relevant case laws, if any. (10 markah/marks)

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