Offer and acceptance

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Text of Offer and acceptance

OFFER AND ACCEPTANCE

CONTRACTPRESENTED BY :

SITI ZULAIHA BINTI ABU BAKARNURUL NADIA BINTI MAT DALINGNURUL IZZATI BINTI M.DZARAWIMIZA AFRINA BINTI MOHD NASIRNORBAYA AMANINA BINTI ZUNAIDI

1ELEMENTS OF CONTRACTOFFER

DEFINITION OF OFFER Section 2 (a) when one person signifies his willingness to another

Types ofacceptanceExpressImpliedWritingVerbal

Behavior

ActionOFFER MUST BE CERTAIN Why??? To avoid misunderstanding

Support case : GUTHING V. LYNNTO WHOM AN OFFER CAN BE MADE ?COMMUNICATION OF AN OFFER Section 4 (1) when the offeree understand and have a knowledge about the offer.

Support case : R V CLARKE

EXAMPLE OF INVITATION TO TREATACCEPTANCE

ACCEPTANCEDEFINITION OF ACCEPTANCE Section 2 (b)- When to whom the proposal is made signifies his assent

TERMS OF ACCEPTANCEAbsolute 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 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

11 October 1880

But, on 7 October 1880

On 20 October 1880

COURT DECIDE????