BBBL2023: Commercial Law Assignment, TARC, Malaysia Thomas is a part-time lecturer at Perdana College, a private college in Kuala Lumpur. He wanted to buy a new laptop

University Tunku Abdul Rahman College (TARC)
Subject BBBL2023: Commercial Law

Question

Thomas is a part-time lecturer at Perdana College, a private college in Kuala Lumpur. He wanted to buy a new laptop as his old laptop was outdated. He went to Inspector Gadgets’ shop and told the sale assistant, Jay, that he wanted to buy HP Pavillion 14 Laptop at a discount price of RM3,300, the one that he saw on the shop’s website. Jay said the laptop was available and agreed to sell it at that price. However, Jay also stated that the laptop will only be delivered to Thomas after he has installed Windows 11 operating system (OS) on the laptop. Thomas agreed and made full payment including the installation and delivery fees.

  • Before Jay could install Windows 11 OS on the laptop, a short circuit caused an electrical fire at Inspector Gadgets’ store room and damaged all the laptops inside, the laptop has passed to Thomas and who should bear the losses of the laptop.
  • Jay’s friend, Kumar, came to the shop to buy HP Pavillion 14 but it was already out of stock. Jay said he only had one HP Pavillion 14 which is to be delivered to Thomas. Kumar was very insistent to buy only HP Pavillion 14 as he could not find it at any other shops and begged Jay to sell it to him instead. Kumar even agreed to pay an extra RM200 for the price of the laptop.
    Jay eventually agreed to sell the laptop to Kumar. Jay called up Thomas and told Thomas that he has sold the HP Pavillion 14 laptop to Kumar and Thomas was very unhappy with it. Thomas demanded Jay ask Kumar the return the laptop to him. Assuming that the property in the laptop has passed to Thomas before it was sold to Kumar, examine whether Thomas could still get the exceptions.

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