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On 1 November 2020, Hans appointed Olaf as his agent to buy a car not exceeding the price of RM120,000. On 10 November 2020, Olaf went to Vemal Auto City (the seller) and ordered a car sold at the price of RM140,000 and informed the seller that he was buying the car on behalf of Hans. On 30 November 2020, the seller delivered the car to Hans. Hans inspected the car and upon satisfaction with its conditions, he immediately signed a letter of acceptance. However, after three (3) months of using the car, Hans refused to pay monthly instalment on the ground that there was no contract between him and the seller because his agent, Olaf, had exceeded his authority when he bought the car. The seller was not satisfied with this situation and claimed that a contract had been concluded between Hans and Vemal Auto City by ratification and that all the conditions of ratification had been fulfilled. Advise Hans based on legal provisions in the Contracts Act 1950.

Support your answer with ONE (1) decided case if applicable.

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Under the Contracts Act 1950, it is important to consider the authority given by the principal to the agent. If the agent exceeds their authority, the principal may not be bound by the contract. In this case, Hans appointed Olaf as his agent with a specific limit of RM120,000 to buy a car. However, Olaf went ahead and ordered a car priced at RM140,000, exceeding the authorized limit.

Based on these facts, Hans may have grounds to argue that there was no contract between him and the seller because Olaf exceeded his authority. If the court determines that Olaf exceeded his authority, Hans may not be bound to fulfill the contractual obligations.

However, it's worth noting that the seller may claim that a contract had been concluded through ratification, where Hans accepted and benefited from the car. Ratification occurs when the principal accepts the unauthorized actions of the agent after the fact. If the court finds that ratification has taken place and all the conditions of ratification have been fulfilled, Hans may be held responsible for the contract.

To provide a specific case example, one relevant case is the Malaysian case of Taw Cheng Kong v Su Chen Kuok Sdn Bhd [1983] 2 MLJ 227. In this case, the court held that if an agent exceeds their authority, the principal is not bound by the contract unless ratification occurs. The court emphasized that the principal must have full knowledge of the agent's unauthorized act and accept it explicitly or implicitly.

Based on the information provided, Hans should consult with a legal professional to assess the specific circumstances and legal implications in his situation.
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