Question

De Slim Company (DSC) had successfully invented a new product to reduce body weight known as Natural Loss. They had advertised this product in a newspaper. The advertisement stated that Natural Loss can help to reduce weight up to 20 kg after one (1) month. It cost about RM500.00 and this amount will be refunded if the weight is still maintaining after using it. To show their sincerity, DSC highlighted in their advertisement that RM1000 had been deposited to CAMB Bank as a preparation to satisfy any claims from customers.

Miss Fatty who had obesity problem read the advertisement. She was excited to buy this product since she had only one (1) month to get married to her Mr Right. Thus, she was really looking forward reducing her weight in order to fit her wedding gown. She then bought the product. Unfortunately, after using this product according to its printed instruction for a month, her condition worsens and she became fatter. Her Mr Right left her and cancelled their wedding. Miss Fatty was very frustrated and decided to get the refund from DSC. She claimed the RM100 as promised in the advertisement. However, DSC denied liability.

Due to the cancellation of her wedding ceremony, Mr Fatty was very frustrated and she would like to get rid of all her memories with Mr Right. She decided to sell her wedding gown to her friend, Miss Slimmy for RM50. Miss Slimmy agreed with the price but after two days, she called Miss Fatty and told that she agreed to buy for RM45 only and not RM50. Miss Fatty refused and sold the gown to her friend, Miss Softy. Miss Slimmy was very sad and blamed that Miss Fatty had breached the contract. She wanted to sue Miss Fatty in court.

Advise Miss Fatty.

Answer 1

in the given case firstly Miss fatty has complete right to sue Dsc for refund of RM1000 along with compensation as they mention in the advertisement as due to their advertisement she purchased the product and instead getting benefit she was affected by the product and her marriage was destroyed so she had complete right to get refund of the amount long with compensation as soon later she decide to sale the gown as it is of no use for her to Miss slimmy of RM 50 BUT later on Muslim asked for 45 so there is to loss to you miss fatty so company is liable to pay the same and miss slimmy cannot blamed miss fatty as contracted was breached by miss slimmy