The Tale of the Siblings

by Dr Zahira Mohd Ishan

Department of Management & Marketing, FEP, UPM

Dona, Donny and Donno are siblings. Dona is always keen to enter any forms of competition found in
magazines or newspapers although luck was never on her side. Donny is a software programmer, while
Donno enjoys his life as an odd job worker.

A month ago, while reading the DailyOne newspaper, Dona read about ‘Name-the-Car’ competition
organized by a car company, Prozo. Dona was very excited to enter and win the competition because the
first prize winner will get a unit of Prozo’s new car and RM10,000. All she need to do was to think of a nice
name, write a matching slogan and post the competition form included in the DailyOne newspaper using
normal postal service. However, Dona needed to act fast as she had only 5 days left before the
competition end. Dona knew that she had to get her brothers’ assistance. She informed Donny and Donno
on the competition and sworn to give them the RM10,000 upon winning, while the prized car should
remain hers. Donny and Donno agreed. They took pictures together to commemorate their agreement on
the matters. Later, Donny uploaded the photo in his Facebook with the caption “I love my sister. I’ll got
my share if she wins.”

After uploading the photo, Donny received two emails from his previous clients, Jay dan Ron who asked
him to do a software programming jobs (details of the required work are provided in the clients’ emails).
Jay’s work must be finished in two weeks from the date of acceptance, while Ron’s work to be finished in
three weeks from the date of acceptance. Donny will receive RM5000 from Jay and RM6000 from Ron as
payment upon completion of the jobs. Donny replied the emails from Jay and Ron and agreed with the
terms of the jobs.

Meanwhile, Donno went to find a job and met Mr Sadin, a car dealer. Mr Sadin agreed to hire Donno to
polish all the cars at Mr Sadin’s compound and Donno would get RM1000 lump sum payment. There were
20 cars at the compound. Mr Sadin was in a hurry to go the airport for his five days’ vacation at Langkawi.
Mr Sadin gave Donno a bottle of car wax liquid which was almost empty. Mr Sadin gave RM50 to Donno
and asked Donno to buy two bottles of ‘Super Wax’ at a nearby shop, which priced at RM25.00 per bottle.
The place will be attended by Mr Sadin’s nephew, Sid while Mr Sadin is away. Donno went to the shop
but buy instead two bottles of ‘Best Wax’ at RM26.50 per bottle because ‘Super Wax’ was all sold out.
For that day Donno managed to polish two cars (It took Donno around two hours to wax a car). He was
glad that ‘Best Wax’ worked wonderfully on the cars.

That night, the three siblings discussed the possible names and matching slogan for ‘Name-the-Car’
competition. Dona had managed to get three additional competition forms. They chose four nice names
and matching slogans and filled in Dona’s name in each competition form. The next morning, Donno
helped to post the four entries in his way to Mr Sadin’s place. Mr Sadin’s nephew, Sid said that Donno was
late and asked him to do the job properly. Sid was not a friendly person. Donno only polished six cars that
day. On the next day (the third day), while Donno was polishing a car, Sid came and nagged him for being
slow. Donno became upset and said, “I quit. Finish the job yourself but I’ll come back to collect my pay

©Dr ZahiraMI,FEP.UPM. All Rights Reserved. 6 Mac 2019

from Mr Sadin.” Donno had not finished polishing any car that day. Sid was afraid if Mr Sadin would
punished him so he continued the unfinished work days and night until all the remaining cars were
polished.

Donno was also a graduate of ICT and top achiever in his class. When Donny saw that Donno went home
early, he requested Donno to assist him to finish Jay’s software programming job. Donny wanted to focus
on Ron’s job. Donny promised to give 70% of the pay to Donno upon completion within the due date.
Donno did the job. He checked and redo Donny’s programming, and finished the job before the due date.

Donno also met Mr Sadin at the latter’s office. Donno claimed for the polishing job payment of eight cars.
Donno told him about the ‘Best Wax’ bottles he bought and asked for the extra RM3.00. Sid who was also
in the office argued that Mr Sadin need not pay anything to Donno because it was Sid who finished the
polishing job of the remaining cars.

The result for ‘Name-the-Car’ competition was released a week ago and Dona was contacted by the
organizer that she’s the winner of the new car and the RM10,000 prize. Dona just kept silent about the
announcement until yesterday when Donny and Donno enquired her about the prize. Dona gave excuses
that she will want to use the RM10,000 to pay the car insurance, road tax and the house bills, and may
only gave RM2000 each to Donny and Donno. The brothers are very unhappy.

Required: (Note: your answers should incorporate the relevant statutory provision (please provide the
section and gists only), legal principles and cases, as well as making relevant assumptions in analyzing
the situation).

1) Discuss whether Donny and Donno have the rights to claim for the RM10,000 from Donna. Limit your
discussion to the relevant principles of the law of contract only. (15 marks)

2) If Jay found out that it was Donno who did the job, does Jay got the liability to pay Donny RM5000 as
promised? In your answer, please discuss applicability of the legal principles from the cases of Boulton
v Jones, Venkata Chinnaya v Verikatara Mayya, and /or Krishnan Rengasamy, ex.p. Arab Malaysia
Credit Berhad to this matter. Limit your discussion to the relevant principles of the law of contract
only. (12 marks)

3) Say that Donny delayed in completing Ron’s work. Donny asked for an extension period and Ron gave
him a week to complete. Discuss when would Ron has the rights to discharge Donny from further
performance, and whether Ron is obliged to pay Donny if Donny finally finished the work but not
meeting the extended time. Limit your discussion to the relevant principles of the law of contract only.
(12 marks)

4) Discuss which rights would Donno has to claim from Mr Sadin, whether the rights to claim on doctrine
of substantial performance, or quantum meruit, or none. Limit your discussion to the relevant
principles of the law of contract only. (15 marks)

©Dr ZahiraMI,FEP.UPM. All Rights Reserved. 6 Mac 2019

5) Based on the law of agency, would Mr Sadin be obliged to pay the balance of RM3.00 to Donny for
the purchase of Best Wax? (6 marks)

[Total: 60 marks]

~~The End~~

©Dr ZahiraMI,FEP.UPM. All Rights Reserved. 6 Mac 2019