QUESTION Azura who was a retired stewardess was interested to buy a…

Question Answered step-by-step QUESTION Azura who was a retired stewardess was interested to buy a… QUESTIONAzura who was a retired stewardess was interested to buy a piece of land owned by Atan in Changlun for her dream agricultural project. She asked Atan about the suitability of that land for durian tree plantation. Atan advised Azura that the said land was suitable and could accommodate at least 500 durian trees. However, neither Azura nor Atan had involved in durian tree plantation. By relying solely on the opinion of Atan, Azura entered a contract with Atan to purchase the land for the price of RM 25,000.00. Azura then realised that the land was, in fact, unsuitable for durian tree plantation after several attempts of durian tree plantation failed. Advise Azura. Support your answer with relevant legal provisions and decided case law. DESCRIPTION RULEIn the case of Bisset v Wilkinson & Anor, the plaintiff brought lands from the defendant in New Zealand for use in sheep farming. During the purchase process, the plaintiff inquired about the land’s capacity for sheep. Defendant never used the land for sheep farming, but he estimated that it could accommodate 2,000 sheep. Plaintiff decided to buy the land-based solely on this statement. However, after the purchase, the plaintiff discovered that efficient land management was required, and the existing land could not accommodate very large quantities of sheep. Therefore, the plaintiff wanted to cancel the contract because the defendant’s statement was misrepresented. The Privy Council ruled that the defendant’s statement was merely an opinion, not a statement of fact, and thus not a misrepresentation for which action could be taken. As a result, the plaintiff’s action was unsuccessful.However, his opinion will be treated as a statement of fact if he is in a position to know the actual facts and it can be proved that he cannot hold such a view reasonably. Besides that, an opinion can also be a representation if the person making it has special knowledge, particularly in a trade, industry, or the subject of the matter. So, if the plaintiff can show that the maker’s statement is a statement of fact, the contract is null and void, and the plaintiff can claim damages loss under Section 19 of the Contract Act of 1950. Please make an analysis of the scenario by relating it with descriptions of rules. please write long in paragraph form.   Business Management Business Law Share QuestionEmailCopy link Comments (0)