DPB3063 BUSINESS LAW

GROUP 6

FITRAH NUR AINA BT MOHD PAUZI | 23DBS19F1045

NURUL FITRIYAH BT BAHRIN | 23DBS19F1011
NUR AINA BT NOORDIN | 23DBS19F1055
NUR DALILY BT AHMAD SANI | 23DBS19F1059
 (Final exam set Jun 2017)

Question 2(b)
Azri and Fairuz are partners in a registered business of Kedai Komputer
Bersatu. After one year carrying out the business in selling computer, Azri
would like to change the nature of business into handphone accessories and
has introduced Fauziah as the new partner. Fairuz disagree with the Azri's
decision and would like to seek your advice on this matter. Adapt the
situation by referring to Partnership Act 1961.
 ANSWERS
 Change the nature of business into handphone accessories and has introduced Fauziah
as the new partner

 According to section 26(h) the Partnership Act 1961, any different arising as to
ordinary matter connected with the partnership business may be decided by a
majority of the partnership,

 Changes can be made in the nature of the partnership’s business if all members agree

 According to Partnership Act 1961 26(g), no person may be introducing as a partner

without the consent of all existing partners.
 (Final exam set Jun 2017)

Question 3(c)
Jamal bought a car, Honda City from Zainal and has been using it for
several months. Jamal was later discovered that Zainal did not have the legal
rights to the car. The car is still property of Shahrul. Jamal had to give the
car to Shahrul and claim the money that has been paid. Zainal refused to
hand the money to Jamal.
i. Identify an issue arises on the situation. 01

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Can Jamal claim the money back that has been paid from
Zainal? 05

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ii. Explain the relevant provision of the Sale of 01
Goods Act 1957.
02

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According to section 27 SOGA 1957, no one can give what they do not
have(Nemo Dat Quod Non Habet). If goods are purchased from a 04
person who is not the owner and without the owner’s authority, the
buyer will not get a title even he has paid in good faith for the price of 05
the goods. So, only Shahrul has authority to sell the car to Jamal.
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 iii. Explain ONE (1) relevant case to support your 01
answer briefly.
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Case Name: Pearson V Rose And Young
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Case Fact : The plaintiff gave possession of his motor car to H., a motor car dealer and a
mercantile agent, for the purpose of inviting offers to purchase it. By means of a trick H,
induced the plaintiff to hand him the registration book relating to the car. Later the same 04
day H., acting without the authority or knowledge of the plaintiff, sold the car and handed
the registration book to the fourth party who acted in good faith without notice.
05
Court Held: The Court of Appeal held that although the dealer owned the car with the
owner’s permission, the dealer owned the registration book without the owner’s
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permission. Therefore, the buyer cannot claim title to the motor vehicle.
 iv. Conclude the issue. 01

02

03

According to section 27 SOGA 1957, Jamal will not get a title 04

even he has paid in good faith for the price of the car but he
can claim the money back from Zainal and return the car back 05
to Shahrul.
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THANK YOU! 05

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