Associated Metal Smelters Ltd v Tham Cheow Toh

By farhananur017de91da12bd5b431d | Updated: Aug. 29, 2024, 9:50 a.m.

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Name : Nur Farhana Binti Harun 
Matric No : 050479 
Course : Bachelor In Risk Management & Takaful 
Lecturer Name : Dr Hartinie Binti Abd Aziz
 FACULTY OF BUSINESS MANAGEMENT COMMERCIAL LAW (FBS 10103)
 ASSOCIATED METAL SMELTERS LTD V THAM CHEOW TOH 
 
 CASE 
LAW 
 Associated Metal Smelters Ltd 
(Plaintiff)
 Tham Cheow Toh 
(Defendant)
The defendant agreed to sell a mental furnace to the plaintiff and had undertaken that the metal furnace would have a temperature of not less than 2,600 degrees F . When the defendant did not satisfy this specification the plaintiff brought an action alleging breach of an express condition of the contract and claimed damages 
You promise me that you will supply the right one !!!!
Hmmm , am I going to be sued ? 
ISSUE 
Whether or not the defendants have breached the condition of the contract 
 Wheather there is any breach of warranty?
Whether the plaintiffs can claim of damages for breach of condition 
ARUGUMENT PARTIES 
In this case, claimed damages of warranty of a metal melting furnace
 However, defendants failed to fulfill the required temperature
 The defendants had promised to sell a furnace that would have a temperature not lower than 2600⁰ F
 FACTS OF THE CASE 
 COURT HELD 
The failure  on the part of the defendants to supply a furnace which would meet the required temperature constituted a breach of the condition of the contract entitling the plaintiffs to treat such breach as a breach of warranty.
From the facts it shows that, the defendants promised to deliver the specific requirements but later failed to fulfill.So, according to the law, this failure of fulfilling the specific requirements fall under a breach of condition of the contact and for this breach of condition, the plaintiffs have the authority to receive reasonable compensation. 
 CONCLUSION 
There was a breach of condition and which let the plaintiff to treat the breach as a breach of warranty. Thus, plaintiff have the authority to claim compensation and the defendants are liable to pay for the claimed damages.  
 THANK YOU FOR WATCHING

Associated Metal Smelters Ltd v Tham Cheow Toh

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