Table of Content
1. contractual obligations and terms influence the rights of the parties. (Para 7 , 8 , 9)
2. failure to establish claims of misrepresentation requires dismissing counterclaims. (Para 10 , 12 , 15)
3. determination of unjust enrichment and related damages. (Para 11)

(i) The sale of the said property is subject to the approval of the relevant authority;

(ii) The payment of 3% as earnest deposit ('the said earnest deposit') and the balance 7% must be paid when the Sale and Purchase Agreement is signed to complete the initial deposit.

(iii) The Sale and Purchase Agreement must be signed within 14 days of obtaining the state authority's approval;

(iv) The balance purchase price must be paid within three (3) months and an addition of one (1) month.

(v) After the payment of the 10% deposit, the Defendant will be given vacant possession of the said property.

(7) The terms were then further negotiated between the parties wherein the Defendant had paid the Plaintiff the 3% earnest deposit sum of RM720,000.00.

(8) The Plaintiff then via a letter dated 01 March 2010 to the Defendant confirmed the receipt of the cheque for RM720,000.00 being the earnest deposit and further stated that t

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