This document summarizes the key elements of a contract including offer, acceptance, consideration, intention to create a legal relationship, and capacity. It defines offer and acceptance, outlines the requirements for each to be valid including certainty and communication, and discusses revocation. Examples of different types of offers and acceptances are provided from case law. The elements are essential to forming a legally binding contract.
1. CONTRACT
PRESENTED BY :
SITI ZULAIHA BINTI ABU BAKAR
NURUL NADIA BINTI MAT DALING
NURUL IZZATI BINTI M.DZARAWI
MIZA AFRINA BINTI MOHD NASIR
NORBAYA AMANINA BINTI ZUNAIDI
2. ACCEPTANCE
ELEMENTS
CONSIDERATION OF OFFER
CONTRACT
INTENTION TO
CREATE LEGAL CAPACITY
RELATION
3. OFFER
Definition Offer must be
Types of offer
certain
Revocation of an
offer and Communication To whom offer
communication of an offer can be made?
of revocation
4. DEFINITION OF OFFER
Section 2 (a)
when one person signifies his willingness to
another
6. OFFER MUST BE CERTAIN
Why???
To avoid misunderstanding
Support case : GUTHING V. LYNN
7. TO WHOM AN OFFER CAN
BE MADE ?
One The whole
A group
person world
8. COMMUNICATION OF AN OFFER
Section 4 (1) – when the offeree
understand and have a knowledge about
the offer.
Support case : R V CLARKE
9. SEC.6 (a)- The
SEC.6 (b)-Lapse of
communication of
time
notice
REVOCATION OF
AN OFFER AND
COMMUNICATION
-SEC.5 (1)-
SEC.6 (c)- Fails to SEC.6 (d)- The offeror is
fulfill the condition dead
11. TENDER
INVESTMENT LTD. V. ROYAL TRUST OF CANADA
AUCTION
HARRIS V NICKERSON
ADVERTISEMENT
PARTRIDGE V CRITENDEN
DISPLAY OF GOODS
PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTTS CASH CHEMISTS
14. ACCEPTANCE
Term of Types of
Definition acceptance acceptance
Revocation of an
Communication
acceptance and
of an
communication of
acceptance
revocation
15. DEFINITION OF ACCEPTANCE
Section 2 (b)
- When to whom the proposal is made
signifies his assent
16. 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
18. 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)
19. 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.
20. 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.
21. SUPPORT CASE OF OFFER
AND ACCEPTANCE
(BYRE V. VAN TIENHOVEN)