COMMERCIAL LAW Assignment, UM, Malaysia Danial Has been working in Kota Bharu for 5 years and has purchased a house there

University Universiti Malaya (UM)


Danial Has been working in Kota Bharu for 5 years and has purchased a house there.  Danial was then promoted to a post in Kuching, Sarawak.  Danial sold his house in Kota Bharu and stored his furniture with Pak Mahat, who owns a warehouse that provides rental of storage space.  Pak Mahat also runs a business buying and selling furniture.

Four months, Danial, having bought a house in Kuching, wrote to Pak Mahat and instructed Pak Mahat to ship his furniture from the warehouse to his new address.  Upon the arrival of the furniture, Danial discovered that a dining table, a grandfather clock and an antique cupboard were not delivered.  The latter two items were valuable antiques that had been in his family for many generations.

Upon investigation, Danial discovered that the dining table had been sold to Rosli by Pak Mahat at his regular monthly auction.  Rosli paid RM3000 for the table.  The grandfather clock had been pledged to Kevin, a pawnbroker, to whom Pak Mahat owed RM1000. The antique cupboard had been given as a birthday present to Mek Na his old friends.

Discuss whether Danial could demand the return of the items from Rosli, Kevin and Mek Na.

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