Offer and acceptance

CONTRACTPRESENTED BY :

SITI ZULAIHA BINTI ABU BAKARNURUL NADIA BINTI MAT DALINGNURUL IZZATI BINTI M.DZARAWIMIZA AFRINA BINTI MOHD NASIRNORBAYA AMANINA BINTI ZUNAIDI

ACCEPTANCE

OFFER

CAPACITYINTENTION TO CREATE

LEGAL RELATION

CONSIDERATION

ELEMENTS OF

CONTRACT

Definition Offer must be certain Types of offer

To whom offer can be

made?Communication of an offer

Revocation of an offer and communicati

on of revocation

OFFER

DEFINITION OF OFFER

Section 2 (a)

when one person signifies his willingness to another

Types

ofac

cepta

nce

Expre

ss

Impli

ed

Writin

gVe

rbal

Beha

vior

Actio

n

OFFER MUST BE CERTAIN

Why??? To avoid misunderstanding

Support case : GUTHING V. LYNN

One person

A group

The whole world

TO WHOM AN OFFER CAN BE MADE ?

COMMUNICATION OF AN OFFER

Section 4 (1) – when the offeree understand and have a knowledge about the offer.

Support case : R V CLARKE

SEC.6 (a)- the communication of

notice

SEC.6 (b)-lapse of time

SEC.6 (c)- fails to fulfill the condition

SEC.6 (d)- the offeror is dead

REVOCATION OF AN OFFER

AND COMMUNICATIO

N-SEC.5 (1)-

DISPLAY OF GOODSPHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTTS CASH

CHEMISTS

ADVERTISEMENT

PARTRIDGE V CRITENDENAUCTION

HARRIS V NICKERSON

TENDER

INVESTMENT LTD. V. ROYAL TRUST OF CANADA

EXAMPLE OF INVITATION TO TREAT

ACCEPTANCE

ACCEPTANCE

Definition Term of acceptance

Types of acceptance

Communication of an

acceptance

Revocation of an acceptance and communication of revocation

DEFINITION OF ACCEPTANCE

Section 2 (b)- When to whom the proposal is made signifies his assent

TERMS OF ACCEPTANCE

Absolute and unqualified by Section 7 (a)

Be expressed in some usual and reasonable manner by Section 7 (b)

Silence cannot be treated as acceptance to an offer

Types of acceptance

Express

Writing Verbal

Implied

Action Behaviour

COMMUNICATION OF ACCEPTANCE Section 5 (2) : communication of an

acceptance completes when it comes to the knowledge of offeror

The use of telecommunication apparatus : telephone, facsimile, video

Other types are letter and telegram (use a the postal rules) E.g : sec.4(2)(a) & sec.4(2)(b)

REVOCATION OF ACCEPTANCE

Section 5 (2) - May be revoked at any time

before communication of acceptance is complete.

Example case : Dunmore ( Countess of ) v. Alexander.

COMMUNICATION OF REVOCATION Section 4 (3) (a) - Completes as against the person who

make the revocation when he put the notice of revocation in a course of transmission.

Section 4(3) (b) - Completes as against the person to

whom it is made, when it comes to his knowledge.

SUPPORT CASE OF OFFER

AND ACCEPTANCE

(BYRE V. VAN TIENHOVEN)

1 October 1880

11 October 1880

But, on 7 October 1880

On 20 October 1880

COURT DECIDE????