Support your answer with relevant statutory provisione, examples or cases where appropriate

QUESTION $5$

Mr$.$ Ash is an owner of a supermarket in Kuala Perlis, Perlis. He has been selling fresh fruits and vegetables to mini retailers in Peninsular Malaysia. The crops were harvested and freshly picked from his personal $100$ acres farm in Kuala Perlis. One day, he received a large order from AEON Hypermarket in Kuala Lumpur and he had instructed Ms$.$ Harrison, his truck driver to deliver $50$ cartons of aubergine, $20$ cartons of zucchini, $20$ cartons of cherry tomato, $20$ cartons of freshly picked cilantro leaves and $100$ cartons of bananas. The cartons were supposed to arrive in Kuala Lumpur on Monday, $11$am$.$ However, on her way to Kuala Lumpur, there was a major incident approximately $100$ meter to Cameron Highland exit junction that had caused a massive congestion on the highway. Ms$.$ Harrison was so worried that she could not make it on time to Kuala Lumpur. She was left with no choice but to park the truck by the side of the highway and started to think how she could save Mr$.$ Ash from suffering losses as she was worried that the fruits and vegetables will go off and overripe before she can even deliver to AEON Hypermarket. After much thinking, she decided to sell as many as possible to the people in the vicinity at a lower price. Advise Ms$.$ Harrison if she would be liable for any claim made by Mr$.$ Ash due to her decision.

$(14$ Marks$)$