Assignment 3.
Law of Sale of Goods. (5m)



SUBMISSION DATE: On or before 16/11/2012 (Friday) before 12.30 noon.
Early submission of the assignment is very much appreciated. No late submission
is accepted.
Please write in an essay format.
Please send your answer via email to : norazlaabdulwahab@gmail.com
QUESTION 1
Timah who is a staff at Cekap Holdings suffers some skin problems. Her skin is very dry and
sensitive. She went to a pharmacy and sought the advise of the pharmacist on a suitable lotion.
The pharmacist advised her to use a lotion with the trade name “Havelina”. Unfortunately her
skin got worse after applying the lotion on her skin. Advise Timah as to her rights under the
Sale of Goods Act 1957.
Guideline of Answering A Problematic Question.
Subject matter
Points
Issues :
(Problems)
Whether Timah has the right under s.16(1)(a) that the goods that bought
by her must be reasonably fit for a particular purpose
Law & Authority:
s.16(1)(a)- “…Implied condition that the goods must be reasonably fit for
a particular purpose of the buyer”
Conditions to be fulfilled:
1. DISCLOSURE OF PURPOSE- GRIFFITHS v PETER CONWAY
LTD
2. RELIANCE ON THE SELLER’S SKILL AND JUDGMENT (s. 16
(1) (a))- GRANT V AUSTRALIAN KNITTING MILLS [1936] AC
85
3. The goods are of a description which it is in the course of the
seller’s business to supply. (S. 16 (a))- Spencer Trading Co.
Ltd v Devon
4. The goods must not have been brought under patent or trade
name. (proviso of S. 16 (1) (a)).
 ***if the goods were not bought under the patent or trade name,
or if the buyer did buy under a trade name but relies on the
seller’s skill & judgment- The implied condition applied
Application:
(apply the above law with the scenario of the case)
Conditions:
1. sought the advise of the pharmacist on a suitable lotion.
2. The pharmacist advised her to
3. She went to a pharmacy
4. use a lotion with the trade name “Havelina
Fulfilled all conditions- entitled to claim from the seller.
Conclusion:
Answer the issueFulfilled- entitled to claim from the seller.
QUESTION 2
Explain on nemo dat quod non habet rule and its exceptions.