What is the law which has been decided in the case of Associated Metal Smelters Ltd vs Tham Cheow Toh (1971) 1 MLJ 271?
Associated Metal Smelters Ltd (herein after called as Plaintiff) has ordered furnace from Tham Cheow Toh (herein after called as Defendant)
The Defendant has promised to sell a furnace to the Plaintiff, which would have a temperature 2600 degree Farenheit. But the defendant has failed to complete the contract as per the agreement that is the defendant has failed to fulfill the required temperature. As Consequence, the Plaintiff has Sued to claim damages of warranty of a metal melting Furnace.
By the law,
As per section 13 of THE SALE OF GOOD ACT 1957), the aggrieved party can treat a breach of condition as a breach of warranty, that the aggrieved party is entitled to claim for damages but cannot reject the contract.
So as per the law, the Conclusion decided upon is
The Plaintiff can claim compensation and the defendant is liable to pay for Damages.
What is the law which has been decided in the case of Associated Metal Smelters Ltd...
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