Kasim Selamat Case Study - Rights and Liabilities - Contract Acts 1950 - Law Assignment Help

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Assignment Task

 

Task:
Kasim Selamat has always wanted to own the white bungalow in his village in Kampung Melati.  But he was just a poor boy, his father was a Nipah leaf collector and his mother a seamstress.  One day his friends asked him to buy a few numbers from the 3-D Magnum lottery. Unbeknownst to him, he won the 20 million lotteries and became an instant millionaire.  Kasim Selamat thereafter braved himself to approach the owner of the bungalow, Orang Kaya Mahfuz.  Orang Kaya Mahfuz actually had two bungalows, both were identical right to the position of the driveway, the swimming pools of both and the position of his beloved Kapok trees behind the house.  The story goes that on 1 Nov 2019, he asked Orang Kaya Mahfuz to sell the bungalow to him for 1 Million but Orang Kaya Mahfuz just looked at him in his car and drove off.  The latter didn't believe that a village boy of 21 would have that amount of money.  Being proud, he also could not believe that any village boy would approach him.  On 3 Nov 2019, Kasim Selamat wrote a letter and posted it into the letterbox at the bungalow where Orang Kaya Mahfuz actually resided and again asked to buy the house for 1 Million.  Orang Kaya Baru sends his gardener over to Kasim Selamat’s front lawn to make fun of Kasim Selamat and to tell him and his parents actually which bungalow he really wanted to buy and that if he wanted, he could only purchase the bungalow near the river of Kampung Melati for 20 Million.  This happened on 5 Nov 2019. Upon hearing this, the next day on 6 Nov 2019, Kasim Selamat waited for Orang Kaya Mahfuz as the latter was coming out for his morning walk and asked if the price of bungalow be reduced to 15 million.  Orang Kaya Mahfuz angrily waved him off with his staff and walked off. Still not wanting to give up, Kasim Selamat decided to agree with Orang Kaya Mahfuz and on 7 Nov 2019, he managed to stop Orang Kaya Mahfuz on his usual morning walk and told him that he agreed to buy the house for 20 million. However, Orang Kaya Mahfuz retorted that ‘okay when did you become rich?  You can have that house but you cannot cut down my beloved Kapok trees behind the house for I have a generation of family genius living in the trees. They protect my family.’ On hearing this, Kasim Selamat shook his head and went off because all his life he was actually always very afraid and terrified of genius. Weeks passed but Kasim Selamat still could not forget his dream house.  One day, on 21 Dec 2019 he proceeded to wait on Orang Kaya Mahfuz again to tell him the good news that he had finally agreed to buy the bungalow for 20 million and not cut down the Kapok trees but Orang Kaya Mahfuz took one look at him and asked him to move away. Feeling dejected and humiliated, Kasim Selamat decided to sue Orang Kaya Mahfuz for breach of contract.

Advice Kasim Selamat on the rights and liabilities of both parties, if any, under the contract and that of Common law cases and the Contract Acts 1950 therein.

 

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