In this case, it is represented that Lena purchased two freezers from “Joe’s Freezer Sdn. Bhd.” for doing business. However, one of the freezers retained the temperature at 1 degree Celsius, instead of the required temperature, which is below zero degrees Celsius. The issue here is whether there is a breach of warranty or a condition.
In accordance with the section 12(2) of SALE OF GOODS ACT 1957, a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.
The supportive case is Poussard v Spiers (1876), where it was held that it was a breach of condition, because Madame Poussard (defendant) was not able to perform the conditions because she was ill and Spiers ...view middle of the document...
In the case of Associated Metal Smelters Ltd V Tham Cheow Toh (1971), where the plaintiff sued for damages, the court held that they were allowed to treat the breach of conditions as a breach of warranty as sue for damages (Lawteacher.net, 2015). The given case has the similar facts, because one of the freezers, unfortunately, could not retain the required temperature, and, as a result, Lena and her sister may have been affected due to delayed development of their business. This specification, that the freezers may retain the required temperature, was not fulfilled. A breach of warranty involves a broken promise about a product made by either a manufacturer or a seller (Securitiesstocks.net, 2015). The manufacturer of a freezer of “Joe’s Freezer Sdn. Bhd.” was informed that the freezers should produce the required temperature, however the promise was failed. Therefore, the given case can be considered as a breach of warranty, thus, Lena may claim for damages.
Lawteacher.net, (2015). Sale Of Goods Law In Malaysia | Law Teacher. [online] Available at: http://www.lawteacher.net/free-law-essays/commercial-law/sale-of-goods-law-in-malaysia-commercial-law-essay.php [Accessed 1 Dec. 2015].
Securitiesstocks.net, (2015). breach of warranty with decided case . chined - Credit Reports & Reporting Services Blog Articles. [online] Available at: http://securitiesstocks.net/article/2122222820/breach-of-warranty-with-decided-case-chined/ [Accessed 1 Dec. 2015].
E-lawresources.co.uk, (2015). Conditions, warranties and innominate terms. [online] Available at: http://e-lawresources.co.uk/Conditions,-warranties-and-innominate-terms.php [Accessed 1 Dec. 2015].