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7/31/2019 LAW TUTO 1
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TUTORIAL 1
QUESTION 1
ISSUE
Whether Em Bek can claim the reward from mee yeow after finding her cat.
LAW
Based on section 2(a), offer/ proposal is stated as when one person signifies to another his
willingness.The word signifies means that the offer must be made known to the other party. In
section 4(1) states that the communication of a proposal is complete when it comes to the
knowledge of the person to whom it is made. Hence, from section 4(1), if an offer is made but it
has not come to the offeree, the offer is not effective yet. It becomes effective and complete when
the offeree gets know about it or when the offer come to his knowledge.
APPLICATION
Applying in this case, Em Bek found the persian cat that belong to to Mee Teow and has returned to
her without knowing about the offer. But then, Em Bek discovered about the reward and claim it.
However, Mee Yeow refused to pay Em Bek as there is no contract between them. The offer was
made but it has not come to the knowledge of EM Bek. The offer is not effective yet.
CONCLUSION
Em Bek cannot claim the reward because she returned the cat to Mee Yeow before she discovered
about the reward.
QUESTION 2
ISSUE
Whether Sue can purchase the goods at discount price or not.
LAW
Based on this case, a charge of offering for sale some obscene articles, contrary to the Obscene
Publications Act 1959 failed because items were simply displayed in a shop window and hence, it is
merely an invitation to treat and not an offer. When the offer is made by the customers, it is entirely
up to the cashier at the counter to make an acceptance or to refuse the customers offer. A contract
only concluded when the cashier accepts the offer.
APPLICATION
Appling to this case, Metrojay had offer an advertisement. It only inviting the people to come and
check out what they have to offer. It depends on the advertiser whether to accept or to proceed
with the real price they have offer. In this case, Metrojay did not accept the offer that they haveinvited , they tend to go with the original price rather than the sale price.
7/31/2019 LAW TUTO 1
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CONCLUSION
Sue cannot purchase the goods at discount price as the cashier did not make the acceptance.
QUESTION 3
ISSUE
Whether Abu able to sue Muthu on reason Muthu had breached the contract.
LAW
Based in this case, section 7(a) provides that In order to convert a proposal into a promise, the
acceptance must be absolute and unqualified. This means that the acceptance must be made
exactly on the same terms as the offer without any modifications or variations. If an offeree accepts
with modification to the offer, it would amount to a counter-offer is treated as a rejection of the
original offer and it destroys the structure of the offer. Therefore, there is no valid acceptance which
creates a binding contract when the offeree responds with a counter-offer.
APPLICATION
Appling in this case, Muthu only wrote to offer his banana leaf restaurant in its current state at a
price of RM50, 000 to Abu. Then, Abu replied on 1st
July which mention he will agreed to accept the
offer at Rm70,000 with certain renovations to the restaurant. Abu has changed the offer, that means
he has made the counter-offer and there is no valid acceptance between them. The court held that
there was no contract; Abu had not accepted Muthus offer but made a counter-offer of his own,
which was never accepted by Muthu.
CONCLUSION
Abu cannot sue Muthu because Muthu had not accepted yet the counter-offer.