Offer and acceptance
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Offer and acceptance

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Offer and acceptance Offer and acceptance Presentation Transcript

  • 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 ELEMENTSCONSIDERATION OF OFFER CONTRACT INTENTION TO CREATE LEGAL CAPACITY RELATION
  • OFFER Definition Offer must be Types of offer certainRevocation of an offer and Communication To whom offercommunication of an offer can be made? of revocation
  • DEFINITION OF OFFER Section 2 (a) when one person signifies his willingness to another
  • OFFER MUST BE CERTAIN Why??? To avoid misunderstanding Support case : GUTHING V. LYNN
  • TO WHOM AN OFFER CANBE 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 ofcommunication of time notice REVOCATION OF AN OFFER AND COMMUNICATION -SEC.5 (1)- SEC.6 (c)- Fails to SEC.6 (d)- The offeror isfulfill the condition dead
  • TENDER INVESTMENT LTD. V. ROYAL TRUST OF CANADA AUCTION HARRIS V NICKERSON ADVERTISEMENT PARTRIDGE V CRITENDEN DISPLAY OF GOODSPHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTTS CASH CHEMISTS
  • ACCEPTANCE Term of Types ofDefinition 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 ImpliedWriting 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 OFFERAND ACCEPTANCE(BYRE V. VAN TIENHOVEN)
  • 1 October 1880
  • 11 October 1880
  • But, on 7 October 1880
  • On 20 October 1880
  • COURT DECIDE????