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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????