Tutorial LAW299 (WEEK 11) PDF

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NUR NADHIRAH HUSNA BT JAFRI NUR HAZWANI BINTI KAMARUDIN NUR FATIHAH BINTI MUHAMAD SUKERI NUR FATIN NAJIHA BT SULAIMAN NUR SARAH ALLEISHA BINTI SHAMSURI NUR HADHIRAH BT AHMAD SADUNI Answer Issues * Whether Julia can sue Aminah or not?

Theories Of Law * According to section 16 (1) (a) of the SOGA, which implied condition as to fitness for particular purpose. A buyer must beware when making a purchase as to the quality of the goods purchased. Also, a buyer is expected not to be careless or he will bear the consequences not to be able to claim against the seller. This rule is known as caveat emptor which means buyer must beware. * Under the condition of disclosure of purpose, the buyer must make known or disclose to the seller the particular purpose for which the goods are required or purchased. * Based on the case of Griffith V Peter Conway (1939) 1 All ER 685, a woman with an unusually sensitive skin who bought a Harris Tweed coat, without disclosing her sensitivity to the seller, did not succeed in her claim against the seller for breach of implied condition as to fitness to particular purpose because the coat would not harm a normal person. *Based on the case of Cammell and Co. v Manganese Bronze and Brass C. Ltd (1934) AC 402, contract to build a propeller with buyer 's specification and design and fit to a particular ship and its engine. However, the propeller supplied did not suit the ship's engine. Held: The seller liable for breach of implied because the buyer had informed the seller of purpose and relied on the seller's skill and judgement to provide.

Application *According to the Section 16(1)(a) of the SOGA, the general rules stated that the buyer must beware before making any purchases, when Julia has bought two bottles of the medicines without knowing whether the medicine is suitable for her or not. She careless when making a purchase, so she would not be able to sue Aminah for giving inappropriate medicine. In this case, Julia is in charge of determining the quality appropriateness of goods before making a purchase.

*By applying the relevant case Griffith V Peter Conway (1939) 1 All ER 685, the women with an unusually sensitive skin not succeed in her claim against the seller because it would not harm a normal person. This case is similar with Julia and Aminah because Julia is responsible for checking suitability the medicine before a purchase is made. Also, she will not be able to sue Aminah because of her negligence when purchase the medicine *The case of Aminah similar as Cammel and Co. v Manganese Bronze and Brass C. Ltd (1934) because of the buyer had informed the seller of the purpose and relied on the seller's skill and judgment to provide.

Conclusion *No, Julia cannot sue Aminah...