Misrepresented Solar Panel Purchase

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What is the main issue?
The main issue Arman is facing is that he purchased solar panels from Adni under the impression that they were brand new when they were actually reconditioned. The panels failed after a month and he couldn't claim warranty. He feels cheated and wants to claim for his losses.
Can use explain using the issue, law, application and conclusion format?
Sure, I'll break it down for you:
Issue: Arman purchased solar panels he believed were new but were actually reconditioned, causing him financial damage when they broke down.
Law: Malaysian Consumer Protection Act *, Section * prohibits misrepresentation of goods.
Application: Adni appears to have misrepresented the condition of the solar panels to Arman. This potentially violates Section * of the Consumer Protection Act.
Conclusion: Arman may be able to claim for his losses by filing a claim with the Tribunal for Consumer Claims Malaysia. It is advisable he consults a lawyer for his specific circumstances.
use contract act
Issue: Arman purchased solar panels he believed were new but were actually reconditioned, causing him financial damage when they broke down.
Law: Malaysian Contracts Act *, Section * states that a fact is said to be fraudulently misrepresented if it is misrepresented intentionally.
Application: Adni intentionally misrepresented the condition of the solar panels to Arman. This potentially violates Section * of the Contracts Act.
Conclusion: Arman may be able to claim for his losses under the Contracts Act by proving Adni's fraudulent misrepresentation. It is advisable he consults a lawyer for his specific circumstances.
which section more proper to use section *(a), (b) or (c)
To determine which subsection of Section * of the Malaysian Contracts Act * to use, we need to understand the specifics:
- Section *(a) pertains to a false statement made knowingly.
- Section *(b) pertains to a false statement made without belief in its truth.
- Section *(c) pertains to a false statement made recklessly, careless whether it be true or false.
In Arman's case, if Adni knew the solar panels were reconditioned but told Arman they were new, Section *(a) would be applicable. However, Arman should consult a lawyer for advice tailored to his specific circumstances.
any recent case in Malaysia can be used
I'm sorry, but as an AI, I do not have access to specific recent cases. However, Arman's situation bears similarity to many cases of misrepresentation and fraud. Legal advice should be tailored to specific circumstances and a lawyer can help by providing relevant case laws.
why is cannot be fraud?
The situation can be considered fraud under the Malaysian Contracts Act *, specifically Section *(a), if it is proven that Adni knowingly made a false statement about the condition of the solar panels. However, to be categorized as fraud, Arman must demonstrate that Adni's misrepresentation was intentional and that it led to his decision to purchase the panels.
• Section *(a) of the Contract Act * states that “Fraud” includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract such as the active concealment of a fact by one having knowledge or belief of the fact. apply this to the situation
Under Section *(a) of the Contract Act *, "fraud" involves active concealment of a fact by one having knowledge or belief of the fact. In Arman's case, if Adni knew the panels were reconditioned but actively concealed this fact to induce Arman to purchase them, this could be considered fraud. However, it is crucial to prove Adni's intent to deceive. Arman should consult a lawyer for advice tailored to his specific circumstances.