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Question 1
Billy runs a bakery and sells egg tarts. His business has been booming in recent years because the Chief Minister of the state is a regular customer of his shop and made his shop famous. In view of the escalating demand of customers for egg tarts, Billy had recently ordered 2 more new ovens from Snoopy Engineering Ltd. These cost RM 20,000.00 and were supposed to be delivered to Billy last Monday. There was a delay in delivery and the ovens did not arrive until last Saturday. As a result of late delivery, Billy suffers the following losses:
(a)
With the 2 new ovens, Billy would have sold 2,000 more egg tarts a day. The 5-day delay in delivery results in a loss of profit of RM30,000.00 because Billy could make a RM3.00 profit out of each egg tart.
(b)
The Mickey Mouse Hotel was responsible for food and catering services for an international conference held in the Exhibition Centre. The Hotel placed a special order for fruit tarts with Billy’s shop last Monday. The fruit tarts had to be delivered on Saturday. Due to the delay in delivery of the 2 ovens, Billy could not deliver the fruit tarts to the Mickey Mouse Hotel. As a result, Billy suffers another loss of profit of RM100,000.00.
Advise Billy on the damages he may recover as a result of the late delivery of the 2 ovens by Snoopy Engineering Ltd.
Question 2
Wang, a student at Kuala Lumpur College, is busy studying for his final examinations. It is 9:00 at night and he decides to go to the student canteen (operated by the Kuala Lumpur College) to eat because he is hungry. He purchases a bowl of chicken noodle soup and a beef bun. While carrying his tray of food he slips on a puddle of soya milk that someone has spilt on the floor. As a result of the accident his right arm is burnt by the hot soup, and his left leg is badly broken. He spends three weeks in hospital and misses his final examinations.
A
dvise Wang of his rights (if any) in the tort of negligence. Use case law to justify your answer.
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