Convincing Features
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Adam booked his flight from Kuala Lumpur to Sabah on a scheduled flight on a particular day. Because of the bad weather, the plane could not take off as scheduled and had to postpone to the next day. When Adam asked for compensation, the airline staff refused and referred to the following clause printed on the ticket. ‘The carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch.
Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. The carrier may without notice substitute alternate carriers or de-aircraft, and may either alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. The carrier assumes no responsibility for making connections.’
While rafting at the Padas River in Sabah, Adam was thrown out from his boat at rapid 4. Since he did not know how to swim, he was panicked and nearly carried away by the current. However, he was saved by a girl named Fiona and fell in love with her at first sight. On many occasions, Adam confided in Fiona whenever he faced emotional and financial problems. During the final year of his studies, Adam’s father died leaving him a substantial sum of money. Adam was completely devastated because of his father’s death.
He was the only child and his mother had died when he was two years old. He felt very depressed and became very dependent upon Fiona on all matters. He became less able to handle and manage his own affairs. Whatever he did was with Fiona’s supervision and permission. Most of Adam’s money had been drawn out and given to Fiona. His family home inherited from his father had been transferred to Fiona’s name. After 6 months, Fiona left Adam for another man. Adam was devastated and wanted to sue Fiona for the return of the money and the house on the grounds that he did not give them free consent.
Adam tried to rebuild his life by doing his own business and bought a sugar factory from Edham. Before the contract was executed, Adam asked Edham a few questions relating to the production of sugar and enquired as to how many tons of sugar the factory produced in a month. Edham replied that the factory’s output was 500 tons a month.
Adam, thereafter went to the office and examined the register of production and accounts, log book, etc. Adam subsequently concluded the contract with Edham. After a month, it was found that the factory could produce only 350 tons of sugar. Adam now wants to repudiate the contract and claims damages from Edham.
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