The party claiming a right or benefit must satisfy the burden of proof on the balance of probabilities to establish a valid case in contract disputes.

[1] The plaintiff's claim against the defendant is for specific performance of an agreement for the sale of a double storey semi-detached house or alternatively for damages for breach of contract.

Brief Account Of The Facts

[2] The defendant is a Singaporean citizen residing in Singapore. She is the registered owner of a double storey semi-detached house known as No 107, Jalan Dato Sulaiman, Taman Abad, 80250 Johor Bahru ('the Property'). On or about 7 February 2011, she appointed one Madam Kow Fuk Chan ('KFC') as her exclusive agent to sell the Property for RM1 million or more.

[3] KFC subsequently approached one Mr Lim Guat Beng ('Lim') and informed him that the Property was for sale for RM1 million. Lim later informed KFC that he had a purchaser who was interested to buy the Property. Lim then prepared a single page document bearing heading "SALES & PURCHASE OF HOUSING AGREEMENT & TEMPORARY RECEIPT" ('the Receipt') which was handed over to KFC together with a cheque for RM10,000.00 drawn in favour of the defendant.

[4] On 9 February 2011, KFC visited the defendant and informed her that a businessman wanted to buy the Property. KFC produced the Receipt and handed over the cheque to the defendant. The defendant signed the Receipt and kept the cheque. The sale and purchase of the Property did not proceed.

Plaintiff's Case

[5] Pursuant to the execution of the Receipt, the defendant agreed to sell the Property to the plaintiff for RM1 million. The defendant requested the plaintiff to pay the deposit of RM10,000.00 to Lim the defendant's agent. The deposit was paid to Lim on 9 February 2011 and paid to the defendant. On 14 February 2011, the defendant sent copies of her identity card, document of title to the Property and quit rent receipt to the plaintiff's solicitors for the preparation of the sale and purchase agreement.

[6] On 14 February 2011, the plaintiff's solicitors forwarded a draft sale and purchase agreement to Messrs. Sing, Lim & Low ('MSLL'), a firm of advocates and solicitors for approval. On 25 February 2011, the plaintiff's solicitors forwarded a bankers cheque for RM90,000.00 being the balance 10% of the purchase price to MSLL. However, on even date MSLL replied stating that they have no authority to act for the defendant in respect of the sale and purchase agreement. On 28 February 2011, the plaintiff's solicitors wrote to the defendant asking for the particulars of her solicitors. The defendant did not respond to the plaintiff's solicitors. On MSLL wrote to the plaintiff informing that the defendant had not accepted the earnest deposit sum of RM10,000.00 and demanded that the plaintiff remove her private caveat on the Property.

[7] By reason of the aforesaid, the defendant has breached the agreement. Consequently, the plaintiff is claiming for specific performance, in the alternative damages for breach of contract, interest and costs.

Defendant's Defence

[8] The defence as pleaded is mounted on the following planks:

I. Her signature on the Receipt was procured through fraud and negligent misrepresentation of KFC.

II. There was no concluded contract for the sale of the Property to the plaintiff.

III. The defendant never agreed to sell the Property to the plaintiff for RM1 million.

IV. The cheque for the earnest deposit of RM10,000.00 could not be used in Singapore because it was not valid. The cheque was given by Lim and should be returned to Lim.

V. The defendant never appointed any solicitors to act for the sale and purchase agreement.

Overview Of The Evidence

[9] Lim was called to give evidence for the plaintiff's case. The defendant gave