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CASE(S) OF THE WEEK

MATANG PLASTIK & METAL WORK INDUSTRIES SDN BHD & ORS v. DAIMLER CHRYSLER MALAYSIA SDN BHD & ORS
COURT OF APPEAL, PUTRAJAYA
ABDUL MALIK ISHAK JCA, LINTON ALBERT JCA, UMI KALTHUM ABDUL MAJID JCA
[CIVIL APPEAL NO: P-02-1438-06-2012]
16 JUNE 2014

CONTRACT: Misrepresentation - Allegation of - Purchaser bought car based on representations that car was fit for its purpose - Whether car of merchantable quality and fit for purpose bought - Whether misrepresentation established

EVIDENCE: Burden of proof - Doctrine of res ipsa loquitur - Whether doctrine applied - Whether burden to prove negligence shifted from plaintiff to defendants - Whether res ipsa loquitur could be raised against parties who are not in law responsible for each other

SALE OF GOODS: Motor car - Claim against car dealer - Representations by seller that car was fit for its purpose - Car constantly broke down and subsequently caught fire - Whether car fit for purpose and of acceptable quality - Whether seller breached implied conditions and/or guarantees under Consumer Protection Act 1999 - Consumer Protection Act 1999, s. 32

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