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1) The principal may terminate the contract, which was made on his behalf by the agent.

Section 168 : "If an agent deal on his account, without first obtaining the consent of his principal, the
principal may terminate the transaction."

2) The principal may recover the amount of the bribe.

Section 169 : "If the agent, without the knowledge of his principal, the principal is entitled to claim
from the agent benefit which may have resulted to him from the transaction.

Related Case : Tan Kiong Hwa v Andrew S.H. Chong

The court held that the plaintiff was entitled to recover $9,000 from the defendant as the defendant
had breached his duty as an agent.

3) The principal may refuse to pay the agent's commission.

4) The principal may terminate the agent's authority.

Related Case : Boston Deep Sea Fishing & Ice Co v Ansel

At court, Ansell proved that he was competent however the court held that the dismissal was
justified due to the secret dealing.

5) The principle may sue the agent and 3rd party who gave the bribe and may claim damages.

Related case : Mahesan v Malaysian Government Officers Co-operative Housing Society

The court held that principal could recover either the bribe or the amount of the actual loss suffered
by the respondent as a consequence of entering into the contract with the vendor.

6) The agent and the 3rd party may be charged under the criminal offence.

Section 11 of the Anti-Corruption At 1997:

b) Any agent corruptly accepts, from any person, for himself or for any other person, any
gratification as an induement or reward for doing any act relation to his principal's afairs of business.

a) Any person corruptly gives any gratification to any agent as an inducement or a reward for doing
any act in relation to his principal's affairs or business.

he shall be guilty of an offence.

1. Implied Condition as To Titile s.14 (a) :

"..there is - an implied condition on the part of the seller, that, ..he has a right to sell the goods.."

It is an implied condition that the seller has the ownership/title over the goods. The seller is
presumed to have a right to sell (as the owner of the goods). Otherwise, he cannot transer the
ownership to the buyer. The remedy for breach of this implied term is rescission of the contract by
the buyer.

2. Implified Warranty as to Quiet Possession s.14 (b:

) "..there is - an implied warranty that the buyer shall have an enjoy quite possession of the goods."

It is implied warranty that the buyer shall have and enjoy quite possession of the goods without any
wrongful interference by a stranger or 3rd party or even by the seller himself, claiming a right. The
breach of this implied warranty entitled the buyer to damages.

3. Implied Warranty That the Goods Are Free From Encumbrances s.14 (c):

"..there is - an implied warranty that the goods shall be free from any charge or encumbrance in
favour of any third party not declared or known to the buyer before or at the time when the
contract is made."

It is implied warranty that the goods are free from any charge or encumbrance, which is in favour of
any 3rd party. If there is any charge or encumbrance on the goods, and such fact is not declared or
made known to the buyer, the seller is liable for breach of warranty and entitled the buyer to
damages.

4. Implied Condition That the Goods must correspond With the Description 

Section 15: "Where there is a contract for the sale of goods by description there is an implied
condition that the goods shall correspond with the description; and if the sale is by sample as well as
by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods
do not also correspond with the description."

If the sale is by description, there is an implied condition that the goods shall correspond with the
description. If the sale is by sample as well as description, the bulk of the goods shall correspond
with the sample as well as description. If the goods do not correspond with the description, the
buyer is entitled to reject the goods and rescind the contract.

5. Implied Condition as To Fitness for Particular Purpose s.16(1) of the SoGA 1957:

 "Subject to the provisions of this Act and of any other law for the time being in force, there is no
implied warranty or condition as to the quality or fitness for any particular purpose of goods
supplied under a contract of sale”

According to the general rule under the common law, the buyer is expected to exercise care in
making purchases. This rule is known as 'caveat emptor', which means, the buyer must beware. It is
for the buyer to satisfy himself as to the quality of the goods purchased. If he is careless, he must
bear the consequences. The seller would not be liable, if the goods is not fit or having no quality as
required by the buyer

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