Question 1
Melanie, a housewife, enjoys spending most of her time gardening. As an avid gardener, she has a large garden in her hometown. Previously, she always used “EcoBloom”, a leading fertilizer brand because it was easy to use i.e., by application to the leaves rather than the roots and it has low chemical content. However, Melanie wished to find a more affordable alternative to EcoBloom that offered comparable quality. She discovered a gardening shop called Taman Agung near Banting, which sold a variety of gardening supplies including tools, seeds, planters, soil, and fertilizers.
Upon visiting the shop, she began examining various fertilizers on display. She then approached the sales assistant, Paul, and explained that she was looking for a less expensive fertilizer that matched the quality of EcoBloom, which required application to the leaves and had a low chemical content. Paul recommended “Green Earth” fertilizer stating that it offered the same quality as EcoBloom and could result in more fertile plants. Additionally, Paul mentioned that Green Earth fertilizer could be applied by spraying it on the leaves and was resistant to being washed away by heavy rain, as it quickly seeped into the leaves. Excited by this discovery, Melanie agreed to purchase two sacks of Green Earth fertilizer for only RM200 each, which was 10% cheaper than EcoBloom. Melanie applied Green Earth fertilizer to her mango trees and some vegetables. However, in December, during the monsoon season, heavy rain fell almost every day. As a result, her mango trees took longer than usual to bear fruit, and when they finally did, the fruits were small and tasted sour. Additionally, after consuming some vegetables from her garden, she fell ill. Her doctor suggested that the vegetables she ate might be toxic and poisonous due to the use of Green Earth fertilizer. Distressed by these developments, Melanie contacted a gardening expert, who informed her that Green Earth fertilizer should not be used during heavy rain. Melanie decided to take legal action against Taman Agung under the Sale of Goods Act 1957 (“SOGA”) and seeks your advice on the following issues:
(a) Whether the contract of sale between Melanie and Taman Agung is governed by SOGA
1957 (Under section 4 of soga)
