7/31/2019 LAW TUTO 1

1/2

TUTORIAL 1

QUESTION 1

ISSUE

Whether Em Bek can claim the reward from mee yeow after finding her cat.

LAW

Based on section 2(a), offer/ proposal is stated as when one person signifies to another his

willingness.The word signifies means that the offer must be made known to the other party. In

section 4(1) states that the communication of a proposal is complete when it comes to the

knowledge of the person to whom it is made. Hence, from section 4(1), if an offer is made but it

has not come to the offeree, the offer is not effective yet. It becomes effective and complete when

the offeree gets know about it or when the offer come to his knowledge.

APPLICATION

Applying in this case, Em Bek found the persian cat that belong to to Mee Teow and has returned to

her without knowing about the offer. But then, Em Bek discovered about the reward and claim it.

However, Mee Yeow refused to pay Em Bek as there is no contract between them. The offer was

made but it has not come to the knowledge of EM Bek. The offer is not effective yet.

CONCLUSION

Em Bek cannot claim the reward because she returned the cat to Mee Yeow before she discovered

about the reward.

QUESTION 2

ISSUE

Whether Sue can purchase the goods at discount price or not.

LAW

Based on this case, a charge of offering for sale some obscene articles, contrary to the Obscene

Publications Act 1959 failed because items were simply displayed in a shop window and hence, it is

merely an invitation to treat and not an offer. When the offer is made by the customers, it is entirely

up to the cashier at the counter to make an acceptance or to refuse the customers offer. A contract

only concluded when the cashier accepts the offer.

APPLICATION

Appling to this case, Metrojay had offer an advertisement. It only inviting the people to come and

check out what they have to offer. It depends on the advertiser whether to accept or to proceed

with the real price they have offer. In this case, Metrojay did not accept the offer that they haveinvited , they tend to go with the original price rather than the sale price.

7/31/2019 LAW TUTO 1

2/2

CONCLUSION

Sue cannot purchase the goods at discount price as the cashier did not make the acceptance.

QUESTION 3

ISSUE

Whether Abu able to sue Muthu on reason Muthu had breached the contract.

LAW

Based in this case, section 7(a) provides that In order to convert a proposal into a promise, the

acceptance must be absolute and unqualified. This means that the acceptance must be made

exactly on the same terms as the offer without any modifications or variations. If an offeree accepts

with modification to the offer, it would amount to a counter-offer is treated as a rejection of the

original offer and it destroys the structure of the offer. Therefore, there is no valid acceptance which

creates a binding contract when the offeree responds with a counter-offer.

APPLICATION

Appling in this case, Muthu only wrote to offer his banana leaf restaurant in its current state at a

price of RM50, 000 to Abu. Then, Abu replied on 1st

July which mention he will agreed to accept the

offer at Rm70,000 with certain renovations to the restaurant. Abu has changed the offer, that means

he has made the counter-offer and there is no valid acceptance between them. The court held that

there was no contract; Abu had not accepted Muthus offer but made a counter-offer of his own,

which was never accepted by Muthu.

CONCLUSION

Abu cannot sue Muthu because Muthu had not accepted yet the counter-offer.