This document summarizes a case between Associated Metal Smelters Ltd and Tham Cheow Toh. The plaintiff claimed damages for the defendant's failure to deliver a metal melting furnace that reached the promised temperature of at least 26000 degrees Fahrenheit, as required by the contract. The issues are whether the defendant breached the contract's conditions and if the plaintiff can claim damages. According to business law, a breach of condition can be treated as a breach of warranty, entitling the injured party to damages. In this case, the defendant failed to fulfill the furnace's specified requirements, breaching the condition and allowing the plaintiff to claim compensation.

1. CASE PRESENTATION
EBM3113 BUSINESS LAW

2. Group Members
1. Zubair Islam (60098)
2. Shoaib Hasan (59510)
3. Shahed Kamal (59513)
4. Arafat Hossain (59400)
5. Mohd Azim Bin Tahir (56687)
6. Muhammad Hami Husaini Bin Hadi Mohe (56811)
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3. 3
Associated Metal Smelters Ltd
v Tham Cheow Toh

4. Tham Cheow Toh
Associated Metal
Smelters Ltd
4
Plaintiff Defendant

5. Facts
• In this case, claimed damages of
warranty of a metal melting furnace.
• The defendants had promised to sell a
furnace that would have a temperature
not lower than 2600⁰ F.
• However, defendants failed to fulfill the
required temperature.
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6. Issue
• Whether or not the defendants have breached
the condition of the contract.
• whether there is any breach of warranty?
• Whether the plaintiffs can claim of damages for
breach of condition?
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7. Rule of law
• According to section 13 of (The Sale of Good Act
1957) SOGA, the injured party can treat a breach of
condition as a breach of warranty, which means that
the injured party is entitled to claim for damages but
not reject the contract.
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8. Application
• From the facts it shows that, the defendants promised to
deliver the specific requirements but later failed to fulfill.
• So, according to the law, this failure of fulfilling the
specific requirements fall under a breach of condition of
the contact and for this breach of condition, the
plaintiffs have the authority to receive reasonable
compensation.
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9. In conclusion, there was a breach of condition and which let
the plaintiff to treat the breach as a breach of warranty. Thus,
plaintiff have the authority to claim compensation and the
defendants are liable to pay for the claimed damages.
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Conclusion

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