2011 MarsdenLR 4848
MOHAMAD ARIFF MD YUSOF
PERFECT KAM HUNG SDN BHD – Appellant
Versus
CHEAH TAI HOE & ANOR – Respondent
Important Points
The Defendants breached implied conditions of fitness and quality under the Sale of Goods Act, making the delivered tipper lorry unfit for its intended purpose.
Subject
Contract Law - Breach of Contract
Act Referred
Sales of Goods Act: S.17, S.16(1)(a), S.16(1)(b), S.12(2), S.41, S.42
Headnote
(A) Sales of Goods Act - Sections 12(2), 16(1)(a), 16(1)(b), 17, 41, and 42 - Breach of contract - Plaintiff claims Defendants failed to deliver a tipper lorry in roadworthy condition and in timely manner, Defendants counterclaim for specific performance and additional costs - Court finds: Defendants breached implied conditions regarding quality and fitness of goods, lorry not roadworthy nor fit for purpose - Claim for damages established, counterclaim dismissed. (Paras 1-8)
(B) Implied Conditions - Quality and fitness of goods - Sale by sample - Court holds that the lorry delivered did not conform to the sample provided, failing to meet quality standards necessary for the Plaintiff’s construction work; relies upon the applicability of statutory provisions for assessing quality. (Paras 3-4)
(C) Damages - Plaintiff entitled to refund of deposit and repair costs attributable to the breach by the Defendants, with interest awarded. (Para 8)
Findings of Court:
The Plaintiff entitled to (a) a refund of RM24,160.00, (b) repair costs of RM464.00, and (c) interest at 8% per annum on the sums awarded from the filing date until settlement.
Issues: The court addressed whether the Defendants failed to deliver a lorry that was fit for purpose and whether the sale was based on a sample.
Ratio Decidendi: The court ruled that the Defendants breached implied conditions regarding the quality and condition of the lorry delivered, leading the Plaintiff to incur additional costs as a result of reliance on the Defendants' skills and representations.
Result: Judgment entered for the Plaintiff.
(B) Implied Conditions - Quality and fitness of goods - Sale by sample - Court holds that the lorry delivered did not conform to the sample provided, failing to meet quality standards necessary for the Plaintiff’s construction work; relies upon the applicability of statutory provisions for assessing quality. (Paras 3-4)
(C) Damages - Plaintiff entitled to refund of deposit and repair costs attributable to the breach by the Defendants, with interest awarded. (Para 8)
Findings of Court:
The Plaintiff entitled to (a) a refund of RM24,160.00, (b) repair costs of RM464.00, and (c) interest at 8% per annum on the sums awarded from the filing date until settlement.
Issues: The court addressed whether the Defendants failed to deliver a lorry that was fit for purpose and whether the sale was based on a sample.
Ratio Decidendi: The court ruled that the Defendants breached implied conditions regarding the quality and condition of the lorry delivered, leading the Plaintiff to incur additional costs as a result of reliance on the Defendants' skills and representations.
Result: Judgment entered for the Plaintiff.
PERFECT KAM HUNG SDN BHD vs CHEAH TAI HOE & ANOR - 2011 MarsdenLR 4848