This document provides three tutorial questions to analyze and advise on various contract law scenarios:
1. Critically discuss three case precedents on offer and acceptance from the 1800s-1900s.
2. Advise Albab, Buntal, and Cicak on their rights and obligations regarding a changing offer for a services contract where communications were exchanged by post and fax.
3. Advise Atan, Ben, Cun, and Doris on their legal positions regarding competing offers to purchase a car where communications were made by phone, in person, and post.
This document provides three tutorial questions to analyze and advise on various contract law scenarios:
1. Critically discuss three case precedents on offer and acceptance from the 1800s-1900s.
2. Advise Albab, Buntal, and Cicak on their rights and obligations regarding a changing offer for a services contract where communications were exchanged by post and fax.
3. Advise Atan, Ben, Cun, and Doris on their legal positions regarding competing offers to purchase a car where communications were made by phone, in person, and post.
This document provides three tutorial questions to analyze and advise on various contract law scenarios:
1. Critically discuss three case precedents on offer and acceptance from the 1800s-1900s.
2. Advise Albab, Buntal, and Cicak on their rights and obligations regarding a changing offer for a services contract where communications were exchanged by post and fax.
3. Advise Atan, Ben, Cun, and Doris on their legal positions regarding competing offers to purchase a car where communications were made by phone, in person, and post.
This document provides three tutorial questions to analyze and advise on various contract law scenarios:
1. Critically discuss three case precedents on offer and acceptance from the 1800s-1900s.
2. Advise Albab, Buntal, and Cicak on their rights and obligations regarding a changing offer for a services contract where communications were exchanged by post and fax.
3. Advise Atan, Ben, Cun, and Doris on their legal positions regarding competing offers to purchase a car where communications were made by phone, in person, and post.
(a) Tinn v Hoffman (1873) (b) Hyde v Wrench (1840) (c) Stevenson Jaques & Co v McLean (1879-80)
2. On 1.11.1996 Albab Sdn Bhd. sent a letter to Buntal Bhd. with whom they have been negotiating, offering them a contract to service all Albabs birdseed processors each month for the next five years at the cost of RM10,000 per annum. The letter said that Buntal should reply by return of post. Unfortunately, the letter contained an error in the address and was not delivered to Buntal until 6.11.1996. Buntal replied at once accepting. This letter was posted at 11 a.m. on 6.11.1996. In the meantime, on 4.11.1996, Albab had received an offer from Cicak Bhd to do the servicing work for RM9,000 per annum. Albab, having heard nothing from Buntal, telephoned Cicak on 5.11.1996 and offered them the contract for RM8,000. Cicak accepted. Albab sent a fax to Buntal on 6.11.1996 telling them that the offer of 1.11.1996 was withdrawn. This fax was received on Buntals fax machine at 10.45 a.m. on 6 November, but not read by anyone until 5 p.m. on the same day.
Advise Albab, Buntal and Cicak.
Would your answer be the same if the mode of communication used is email instead of post and fax.
3. Atan has decided to try and sell his car by parking it outside his house with a notice on the windscreen stating For Sale. One owner. RM8,750 or near offer. Please call at number 34 or telephone 8250078, only.
On Monday at 9.00 a.m. Ben sees the car, but as he is late for work he is unable to stop. He telephones Atan from work and makes an offer of RM8,500 which Atan says he will consider.
Cun calls at Atans house on Monday at 11.00 a.m. but Fatin, Atans daughter, is the only person there. He therefore leaves a note reading : Monday 11.05 a.m. Please keep car for me-here is a cheque for RM8,750. Cun. Fatin leaves the note on Arnolds desk in his study.
On Monday afternoon, Atan decides to accept Bens offer and posts a letter at 2.30 p.m. to Bens business address saying,I agree to sell on your terms. Because of the lower price can you pay in cash?
At 4.30 p.m. on Monday, Atan reads Cuns acceptance and immediately telephones Bens business address, leaving a message an the recorded answering service: Ignore the letter you will receive-deal off. Atan. Ben is away on business and only listens to the tape on Wednesday evening.
At 2.15 p.m. on Monday, Doris sees the notice and hurriedly posts a letter of acceptance and cheque for RM8,750 in time for the 3.00 p.m. postal collection. Unfortunately, as Doris misaddress her letter, it only arrives on Friday.
