solution

On 1 December 2020, Mr Smith wrote to Mr Lim that Mr Sam was his agent and that Mr Sam would be acting on his behalf in purchasing some goods from Mr Lim on 1 Februari 2021 at RM100, 000. However, on 30 January 2021 Mr Lim was informed by Mrs Smith that her husband passed away on 25 January 2021. On 31 January 2021, Miss Lyn offered Mr Lim RM200,000 for the same goods. When Mr Sam knew about it he claimed that Mr Lim is bound to sell the goods to him but Mr Lim said he decided to sell them to Miss Lyn.

Mr Sam is so disappointed with Mr Lim has hired Sunny to burn Mr Lim’s car. Mr Lim successfully sued Sunny for damages amounting to RM25000 which Sunny promptly paid. Sunny wants to recover from Mr Sam the amount of RM25000 and his legal expenses incurred when defending the legal suit. However, Mr Sam refused to pay him.

Meanwhile, Mr Lim’s son Alex instructed Linda his property agent to sell his land in Ipoh at a price of RM300,000. Unknown to him, Linda has received a secret commission of RM15, 000.00 from the seller in order to procure the land’s transaction. Alex is furious when he knew about the money received by Linda.

Advise all the parties involved in the above case. Support your answer with relevant sections and cases.

(10 marks)

 
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