Comfort Fan Sdn Bhd Case Study

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In Comfort Fan Sdn Bhd and Wheezing Sdn Bhd, Mr Albert is an agent who helps businesses to find suppliers for materials to manufacture products, Mr Ben is the purchasing manager from Comfort Fan Sdn Bhd and Miss Charlee is the manager of Wheezing Sdn Bhd. Even though Mr Albert is not from Comfort Fan Sdn Bhd, but he was considered as a worker from Comfort Fan Sdn Bhd because he was given the authority to sign the contract on behalf of Comfort Fan Sdn Bhd when he is unable to find Mr Ben. When Mr Albert found out about Wheezing Sdn Bhd, he arranged a meeting with Miss Charlee to discuss the contract. At that time, Miss Charlee knows that Mr Albert is representing Comfort Fan Sdn Bhd. A contract was drafted by Wheezing Sdn Bhd, Mr Albert just read through the contract and accidentally excluded some important clauses, then sign it and made payment. In Malaysian Airlines Bhd v Malini Nathan, the appellants were unable to accommodate a flight seat for the respondents even though the respondents had already booked a flight seat. However, the respondents lost in the high court because the appellants relied on Condition 9 that was printed on the airline ticket to exclude the liability. The condition 9 stated that “the carrier undertakes to use its best efforts to carry the passengers and baggage and that the carrier may substitute an alternate carrier or aircraft. It also provided that schedules are not part of the contract and are subject to change”. This means the appellants had
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