TUTORIAL CIA 2007

First and Second were a married couple. After being married for six (6) months, Second
was confirmed pregnant by a doctor. First was very happy and promised to take good
care of his wife. He planned to buy a car in order to send and fetch Second from her
office. He went to the Protin Exhibition Centre and interested to buy a new model of
Protin car, Iriza. First was attended by a staff who provided the written statement
regarding a specification of the car, a summary of the hirer’s financial obligations under
the proposed agreement, the term charges and other charges, for example, insurance,
freight, vehicle and registration. When First requested to have a copy of the written
statement, the staff asked First to pay RM5.00 and First unwillingly paid.

After one (1) week, First had made up his mind to purchase the car by way of hire-
purchase financed by Third Finance Sdn Bhd. (TFSB). During the meeting with the
TFSB, First was instructed to sign a hire-purchase agreement. However, the agreement
did not provide details about the date of payment, duration of installment and the final
installment. When First insisted the information to be stated in the agreement, the TFSB
said that they will fill up later. First then signed the agreement and the car was delivered
to him.

Seven (7) months later, Second had delivered her baby. Unfortunately, she was having
complication during the delivery and died. First was very upset and suffered depression.
He could not manage himself and failed to settle one (1) month instalment for Iriza. First
was served with notice of Fourth Schedule by TFSB who later approached him to
repossess the car after the expiry

Advise First based on Hire-purchase law. Support your answer with relevant sections
and case-law.