TUTORIAL

COMMERCIAL LAW

SEMESTER SEPTEMBER 2022

TUTORIAL QUESTION

Terlajak Laris Sdn Bhd was really desperate during Movement

Restriction Order. Their sales dropped to 60% in which they
advertised a product by the name of “Madu Kuwwat” to cure cough in
a local newspaper and also television. They advertised that a sum of
RM2000 will be paid to any person contracting cough after having
used the “Madu Kuwwat” supplement according to the prescription
given for 4 days consecutively. To show their sincerity and
seriousness in this matter, the company deposited RM2000 into an
account with Bank Sendayu.

Sajat bought the “Madu Kuwwat” supplement and used it according

to the prescription for 4 days consecutively, but still contracting
cough. Sajat claims for the money RM2000 from Terlajak Laris Sdn
Bhd but they refuse to pay.

Advise Sajat.
___________________________________________________________________________

Student Name : Kadek Novia Karismayanthi

Student id : 012022090842

Answer below :

The issue in Sajat case was the Terlajak Laris Sdn Bhd has made an
advertisement for their product “Madu Kuwwat” on local newspaper and also
television. The advertisement has mention that if any person who has used the
supplement according to the prescription given for 4 days consecutively. The
company will pay RM2000. Sajat has brought the supplement and used for 4
days but still contracting cough. Terlajak Laris Sdn Bhd has refuse to pay. This
case was related to the case law of Carlill v. Carbolic smoke Ball Co.
In rules Carlill v. Carbolic smoke Ball co. cases was about the Carbolic
smoke Ball Co. has made an advertisement in the newspaper that they would
offer a sum of money to anyone if they use their profuct and still suffer from
 TUTORIAL
COMMERCIAL LAW

influenza. Carlill has used the product but still became ill. The company has
refused to pay to Carlill. The held has mention that the plaintiff (Carlill) had
accepted the offer by the company (Carbolic Smoke Ball Co) has made to the
world at large and therefore is entitled to the money. Since the plaintiff (Carlill)
had fulfilled the requirement of the offer, therefore she had accepted the offer
and she is entitled to the reward money.
In application Back to Sajat case. The offer was made when Terlajak
Laris Sdn Bhd advertised in local letters and television about their product
"Madu Kuwwat". Acceptance is made if Sajat buys the “Madu Kuwwat”
supplement and uses it as prescribed for 4 consecutive days.
In conclusion Sajat will be advised that she has a strong case to enforce
Terlajak Laris Sdn Bhd to pay RM2000 as per their advertisement. Here Sajat
can sue Terlajak Laris Sdn Bhd