Business Law

During the COVID-19 pandemic, wearing a face mask is necessary to reduce the risk of infection. This new norm also affected Jay who had just moved to Kota Kinabalu, Sabah last year. On the other hand, Jay’s ex-girlfriend, Chloe, is a businesswoman and an entrepreneur selling products through Facebook related to COVID-19 protection. While stalking Chloe’s Facebook, Jay saw Chloe’s posts with a simple caption “Face masks for sale. I am always available to answer any questions”. Jay feels that this is his opportunity to reconnect with Chloe and rekindle the warmth of their previous 12 years of a love affair. Jay, therefore, sent messages via WhatsApp to the number stated on Chloe’s Facebook. Jay showed interest in purchasing Chloe’s face masks for fear that she would not entertain him. Jay introduced himself but did not mention personal-related matters. Instead, he asked how he could make the purchase, the delivery and price, among other things. When Chloe responded to his messages warmly, Jay then invited her to lunch. Jay justifies that while Chloe can give him the face masks ordered, she can also talk about her other products to Jay. Although Jay had cheated on her many times when they were still in a relationship, Chloe did not hold a grudge and agreed to meet Jay.
During their meeting, Jay only asked about Chloe’s products as he did not want to look desperate. Chloe informed Jay that she had just launched her hand sanitiser product, RM18.00 for every 200ml bottle. Jay wants to meet Chloe again, and for that reason, he ordered 100 bottles. Jay also told Chloe that he is obsessed with personal hygiene nowadays and would use those sanitisers all over his body for every day after bathing. Therefore, he will need such products to minimise the risk of COVID-19 infection from time to time. Chloe thought Jay could be one of her potential long-term customers and agreed to meet Jay the next day to give the 100 bottles of sanitisers. Since the meetings, the two have often communicated via WhatsApp. Chloe wants to maintain a good relationship with her customer, while Jay tries to win Chloe back. Two weeks later, Jay had a severe rash and itching all over his body. During the doctor’s examination, it was found that Jay’s condition was due to the contents of Chloe’s sanitisers that is not suitable for human skin. While waiting for his medicines, Jay browsed his Facebook and saw a picture of Chloe and a man with a caption “spending a wonderful day with my loved ones” and hashtag #Fiance. Jay was feeling betrayed and deceived particularly when he had spent thousands on Chloe’s products.
Advice Jay on the rights he has under the Consumer Protection Act 1999 and the available redress.

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