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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
ACCEPTANCE




                        ELEMENTS
CONSIDERATION              OF                  OFFER
                        CONTRACT




        INTENTION TO
        CREATE LEGAL                CAPACITY
          RELATION
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
DEFINITION OF OFFER



 Section 2 (a)
   when one person signifies his willingness to
    another
Offer and acceptance
OFFER MUST BE CERTAIN

 Why???
   To avoid misunderstanding

 Support case : GUTHING V. LYNN
TO WHOM AN OFFER CAN
BE MADE ?




    One               The whole
            A group
   person               world
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
                              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
Offer and acceptance
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
Offer and acceptance
Offer and acceptance
ACCEPTANCE

                      Term of       Types of
Definition          acceptance     acceptance




               Revocation of an
                                  Communication
               acceptance and
                                       of an
              communication of
                                    acceptance
                 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                         Implied



Writing         Verbal       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
Offer and acceptance
Offer and acceptance
11 October 1880
Offer and acceptance
Offer and acceptance
But, on 7 October 1880
Offer and acceptance
Offer and acceptance
Offer and acceptance
On 20 October 1880
Offer and acceptance
COURT DECIDE????
Offer and acceptance

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Offer and acceptance

  • 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
  • 17. Types of acceptance Express Implied Writing Verbal Action Behaviour
  • 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)
  • 28. But, on 7 October 1880