QUESTION 1

Norma who is an online businesswoman who sell make up under the brand of SHI SHI. One day,
Juma who gets the opportunity from Kejora to open a stall for Merdeka Carnival for three days and
intend to sell SHI SHI products since it is highly demand nowadays. She contracts with Norma and
tell about her intention. Norma agrees with Juma but Juma only helps her to sell and she will get
commission from every purchase of SHI SHI products. Later, Norma realizes that the products are
belong to her but Juma is the person who sell them. She seek an advice from Justin who is her
personal lawyer, to know whether Juma has right
ISSUE 1
The issue is whether Juma has right to sell the product on behalf of Norma since the product
is not belongs to Juma.
Baased on section 27, in English rule the limitation to transfer of property is called as Nemo
dat quod non habet meaning no one can transfer a better title than he has himself. However, there
have exception that they is no limitation to transfer the property when the situation. First, estoppel
is where the owner is stopped by the conduct from denying the sellers authority to sell, the
transferee will get a good title as against the true owner. But, before a good title by estoppel can be
made, it must be shown that the true owner had actively suffered or held out the other person in
question as the true owner or as a person authorize to sell the goods. Second, sale by mercantile
agent is a sale made by a mercantile agent of the goods or document of title to goods would pass a
good title to the buyer in the following circumstances, if he was in possession of the goods or
documents with the consent of the owner. Third, sale by one of the joint owners is if one of the
several joint owners of goods has the sold





















QUESTION 2
Meanwhile, Shima who is Normas regular customer, always take the delivery by her own each time
making the contract with Norma. One day, Shima calls Norma to buy two mascara, one compact
powder, and a roses blusher. When Shima reaches Normas premise, it is surprising to her when
Normas staff, Asfan gives her two black mascara, one compact powder and three different colour
blushers. Asfan says it is correct since it is told by Norma before she goes to the bank. Due to that,
Shima rejects the order since it is not as contracted between her and Norma. Asfan alleged that
Shima has breach the contract.
ISSUE 2
The issue is whether Asfan can alleged that shima has breach the contract since shima reject
the order when it is not contracted between her and Norma.
Based on section 31 performance of contract it is the duty of the seller to deliver the goods
and of the buyer to accept and pay for them on accordance with the terms of the contract of sale.
Based on section 36 (1) provides to guide the place of delivery which is, first, goods sold delivered at
the place of the time of sell. Seconds, goods agree to be sold delivered at the place of agreement to
sell. Third, future goods delivered at the place at which there are manufactured or produced. But,
for this case there have a problem with delivery which is delivery of mix quantity. Based on section
37 (3) where the seller delivers to the buyers the goods he contracted to sell mixed with goods of a
different description not included if the contracted, the buyer may except the goods which are in
accordance with the contract and reject the rest, or may reject the whole.
The illustration based on this section, A who the buyer may a contract with B who the seller.
On their contract, A want to buy 5kg green apple and 5kg watermelon. When the order has
delivered to As house, it is surprisingly to her when Bs staff, C gives her 10kg green apple. A rejects
the order since it is not has contracted between her and B.
Asfan cannot alleged that shima has breach the contract. It is because shima has right to
rejects the whole goods since the goods contracted to buy mixed with goods that not included in the
contract. Based on the illustration above, Asfan alleged that shima has breach the contact is not
valid. However if, when the goods of contracted is delivered with correct, shima cannot rejects the
goods.
In the conclusion, shima has right to reject the goods. Therefor, asfan cannot alleged that
shima has breach her contract.