March 28, 2017

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Lucy, who owns a saloon, entered into a contract with Beauty Sdn Bhd, a manufacturer of shampoo, for the purchase of 300 boxes of 'high quality, super shining shampoo'. When the product was delivered, Lucy found the shampoo to be very poor quality and unsuitable for hair. She wishes to sue Beauty Sdn Bhd for breach of contract. However, Beauty Sdn Bhd denies liability relying on a clause in the contract which states, 'Beauty Sdn Bhd does not give any warranty, express or implied, as to the quality of the product contracted for'. Advise Lucy whether she may be successful if she sues Beauty Sdn Bhd for breach of contract. (30 marks)

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