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    Law 277 - Test 2 Question

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    Fara husna
    Jamil was hired by Zalia to deliver 60 cartons of ice cream to Muthu. However, during delivery the refrigerator broke down, causing the ice cream to start melting. Under the law of agency by necessity or emergency, an agent can act without instruction from the principal to avoid loss, but they must first make efforts to contact the principal and prove their actions were the only way to prevent loss. In this case, Jamil did not try to contact Zalia when the issue arose, and simply sold the ice cream himself at a funfair. Therefore, Jamil does not satisfy the conditions to claim agency by necessity, as he did not contact Zalia or prove his actions were the only way to prevent loss

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    Law 277 - Test 2 Question

    Uploaded by

    Fara husna
    1K views2 pages
    Jamil was hired by Zalia to deliver 60 cartons of ice cream to Muthu. However, during delivery the refrigerator broke down, causing the ice cream to start melting. Under the law of agency by necessity or emergency, an agent can act without instruction from the principal to avoid loss, but they must first make efforts to contact the principal and prove their actions were the only way to prevent loss. In this case, Jamil did not try to contact Zalia when the issue arose, and simply sold the ice cream himself at a funfair. Therefore, Jamil does not satisfy the conditions to claim agency by necessity, as he did not contact Zalia or prove his actions were the only way to prevent loss

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    TEST 2 UITM STUDNET FOR COURSE LAW 277

    Original Title

    LAW 277 - TEST 2 QUESTION

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    Jamil was hired by Zalia to deliver 60 cartons of ice cream to Muthu. However, during delivery the refrigerator broke down, causing the ice cream to start melting. Under the law of agency by necessity or emergency, an agent can act without instruction from the principal to avoid loss, but they must first make efforts to contact the principal and prove their actions were the only way to prevent loss. In this case, Jamil did not try to contact Zalia when the issue arose, and simply sold the ice cream himself at a funfair. Therefore, Jamil does not satisfy the conditions to claim agency by necessity, as he did not contact Zalia or prove his actions were the only way to prevent loss

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Law 277 - Test 2 Question

    Uploaded by

    Fara husna
    Jamil was hired by Zalia to deliver 60 cartons of ice cream to Muthu. However, during delivery the refrigerator broke down, causing the ice cream to start melting. Under the law of agency by necessity or emergency, an agent can act without instruction from the principal to avoid loss, but they must first make efforts to contact the principal and prove their actions were the only way to prevent loss. In this case, Jamil did not try to contact Zalia when the issue arose, and simply sold the ice cream himself at a funfair. Therefore, Jamil does not satisfy the conditions to claim agency by necessity, as he did not contact Zalia or prove his actions were the only way to prevent loss

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    © All Rights Reserved
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    of 2

    NAME : WAN FARA HUSNA BT WAN MD JAMAL

    NO ID : 2020882886

    CLASS : THM1103CB

    QUESTION 1

    The issue of this question is whether Jamil can actually claim to agency and Zalia can’t possibly do
    anything to jamil because he failed at his job. An agency as the relationship which subsists between
    the principal under Section I35 of the contract act 1950 explained that agent. Agent who is hired by
    the principal to represent as the 3rd party. There are many ways of agency, and one of them is
    necessity and emergency. This method is created in any scenario where agents can actually act
    without any principal order or description and don’t have to wait for principal order either. This
    explained in contracts act 1950. Moreover, to avoid losing principal profit, the agency needs to take
    whatever it took to avoid it happen. This type of agency must follow all the conditions. As for the
    principal, they should accept what is happening to make this method valid. If they don’t accept it,
    then they can sue because of agent’s act.

    There are a few conditions that needs to be fulfilled by the agent. Firstly, the incapable of contacting
    the principal. Section 167 of the contracts act 1950 explained that agent must inform the principal if
    the problem happened during a job. Secondly, it is the only way to save the principal revenue. This is
    where if agent did not act as himself then, the principal could suffer the loss.

    In this law question, Jamil has to deliver 60 cartons of ice cream to muthu as a 3rd party. However,
    the problem happened when the refrigerator started to heated up. This will make the ice cream melt
    and if muthu received it in such condition, the Ice cream would not be able to sell. In this situation,
    jamil needs to have a proof stated that it was impossible to reach or contacting Zalia. Based on the
    question, Jamil did not even do anything to contact her and just go sell the ice cream by himself at
    the funfair. Therefore, Jamil does not pass the first condition of necessity or emergency. Secondly,
    Jamil needs to prove that selling those ice cream is the only way to save zalia’s profit. It is a good
    option to sell those ice cream at the funfair because ice cream is perishable food. The ice cream will
    melt regardless of how fast jamil send it to muthu. Therefore, there is a reason for him to act like
    that.

    Next, after scanning the whole situation, Jamil indeed cannot be an agent under necessity or
    emergency because he did not pass the first condition which is to contact the principal. Thiprincipal
    may sue because of Jamil failure as an agent.
    In conclusion, Jamil cannot use agency by necessity or emergency as defence of what he did. This is
    because he did not proven his action of contacting zalia.

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