Case Study Law 3
Case Study Law 3
Case Study Law 3
Because under Sec 2(h) of the Contracts Act 1950 :- an agreement enforceable by
law is a contract but not all agreements are automatically contracts and enforceable by law.
Therefore to make a contract there must be a person that offer and the person who are going
to accept. By inserting the advertisement in the newspaper isnt an offer to contract but it can
be invitation to treat as why because it can simply be an attraction to others but to make the
real contract there will be certain condition for one people to follow. Under Sec 2(a) of the
CA:- when one person signifies to another his willingness to do or to abstain from doing
anything, with a view to obtaining the assent of that other to the act or abstinence, he is said
to make a proposal .
b) No, the contract hasnt yet being made between the Smartshop Supermarket and Mr. Lim
however the act simply are the invitation to offer. Mr.Lim put all the stuff he want into the
trolley there the Smartshop Supermarket are making the invitation to offer to Mr.Lim and
Mr.Lim accept it. Then only when Mr. Li went to pay for all the stuff he wanted to the casher
the offer are being made and when the casher of Smartshop Supermarket accepts Mr. Lims
offer the contract are exist it is because there is 2 side of people making an agreement. Thus
when Mr.Lim put the stuff in the trolley there are no contract existed because Mr.Lim can
simply put back the stuff he did want or taking more.
2. a) The main different between the void contract and a voidable contract is that the void
contract are made with other sides consent while the voidable contract are made with the
others sides consent are so caused. Eventhough the making of both of this contract at first is
legal but there will be certain cause that make the contact voidable.
b) Cannot. C cannot sue A when A perform an act of breaching the contract because C is not
in the contract as C is just a third party. Legally C has no right to sue A as C never sign any
parts of the contract that A and B made. However if A truly coming a breach C can only
advise the B party to sue A or simply discharge the contract under Sec 40 of the CA 1950.