Describing about the element of Contract which is Acceptance.

1. PRESENTED BY :
MAMAT
BADRI
SHASA
SHEERIN
RAHMAN
SLIDE PREPARATION BY :
AMIRUL

2. DEFINITION
 An agreement of an offer means unconditional
agreement to all the terms of that offer

3. CASE LAW
MASTER V CAMERON (1954)
 The parties signed a memorandum drawn up by the
vendor’s agent, which contained a clause to the effect
that “this agreement is made subject to the
preparation of a formal contract of sale which shall be
acceptable to my solicitors on the above terms and
condition…” The purchasers (Masters) wanted to
withdraw from the agreement. The question arose as
to who was going to be entitles to the deposit. If the
contract was enforceable it would go to Cameron and
if it was not, it would go to Masters

4. CASE LAW
MASTER V CAMERON (1954)
 The agreement was not in its final form as it had to be
acceptable to Cameron’s solicitors. They could have
altered the contract if they had wished to. Whether
they did or not was immaterial. Thus there was no
enforceable contract

5. CHARACTERISTIC
 Unconditional
 Accept within a reasonable time
 Silence, by default does not constitute a valid
acceptance
 It must be communicated using usual method such as
oral and writing
 It is also valid by performing signifying action.

6. Unconditional
 Jannah had made a proposal to Hadi to sell her house.
Jannah had proposed with the price of RM 500,000.
Some time later, Hadi agree with the price offered and
prepared to make his signature to the contract.
However, further research had made Hadi to cancelled
the contract due to the follow-up condition of extra
maintenance payment

7. Accept within a reasonable time
 Ana went o car showroom and she decide to buy a car.
The company has accepted the offer made by Ana. She
has pay a deposit for booking the car. After 2 month,
she come back to proceed the process of buying the car
and unfortunately the car has been sold to the other
person.

8. Silence, by default does not
constitute a valid acceptance
Razak make an oral offer toward Aishah regarding sale of
his second-hand motorcycle for RM 15,000 then
Aishah reply with silence.

9. It must be communicated using
usual method
 Shila went to cinema last weekend planning to
watched a horror movie but when she about to
purchase the ticket, the receptionist at the counter
declined her purchase due to the term and condition
only people who are 18 years above is allows while she
just 17.

10. It is also valid by performing
signifying action
 Razak is a taxi driver. He drove taxi for living. A
customer come to his taxi and said want to go to
Bandar Universiti. Razak drove the taxi without any
questioning and ask RM 10 for the fare. Does it
considered a valid acceptance or not?

11. METHOD OF ACCEPTANCE
OFFER
ACCEPTANCE
CONTRACT
Offer
Counter-offer
Acceptance
Contract
Invitation
to treat
offer
Acceptance
Contract

12. CONCLUSION
Before seal the contract between the offerer and the
offeree, it is important for both parties to accept and
understand the terms and conditions of the contract
whetherby orally, written or through action so that it
wont lead towards to mere offer. Hence it would
considerate as valid acceptance as long as the terms are
absolute and unqualified, and in complete consensus.