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    Hehhehe

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    ririirir

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    ririirir

    Copyright:

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    4 views2 pages

    Hehhehe

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    rarara041218
    ririirir

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    of 2

    BUSINESS LAW(PROBLEMATIC QUESTION)

    NUR AINI(DHRM 5)/070813

    ILAC
    1-ISSUE
    - Whether there is a valid contract between Datin zalikha and Encik Saat?

    2-LAW
    -According to Section 2(h) of the CA 1950,a contract is an agreement enforceable by law.A
    contract is an agreement between two or more parties that is legally binding between the
    them.There are seven elements of contract which is Proposal,Free
    consent,Acceptance,Certainty
    ,Consideration,Capacity,Intention to create legal relations
    -definition of offer/proposal and acceptance
    ~According to section 2(a) of CA 1950,when one person signifies to another his willingness to
    do or abstain from doing anything,he is said to make a proposal.proposal or offer also
    Statement or other indication made by the individual which prepared to enter into a contract with
    another on certain terms.After that us the characteristics of proposal.There are 2 types of
    proposal which is Unilateral proposal and bilateral proposal.Unilateral proposal requires
    acceptance in form of an act or a performance.one party promises to do something to induce
    the other party to do something.for instance, an advertisement to pay a reward for returning lost
    pets. (promise for an act). This advertisement is an offer.
    For a Bilateral proposal,requires acceptance of unqualified promises.
    all parties promise to do something for one another.
    for instance, in a job advertisement, the job advertisement itself is not an offer but an ITT, the
    applicant is actually making an offer to work for the advertiser, if they accept the applicant's
    offer, promise to give the applicant a position and remuneration in accordance with the
    advertisement.
    ~According to Section 2(b) , acceptance defined as the person to whom the proposal is made
    signifies his assent, the proposal is said to be accepted.For example,
    Adam by offering to buy Maya's iphone for RM1000, in the hope that Maya will accept, is
    making a proposal.There are few characteristics of acceptance.Firstly ,according to section 7 (a)
    CA 1950 ,the acceptance must be made on exactly the same terms as proposed without
    modifications or variation. It should be absolute and unqualified.Next,it can be made into a
    performance. destinations accepting the podises his by the co spectin form of performance.For
    example,a taxi driver who drives his customer to specific locations accepting the proposal made
    by the customer in form of performance.After that,it must be accepted within a reasonable time.
    if there is a fixed date given, it must be accepted before the date lapses.
    if there is no fixed date, it must be accepted within a reasonable time

    3-APPLICATIONS
    ~Datin Zalika offered to sell her apartment(making an offer/proposal)
    ~Encik Saat agreed to buy the apartment for RM100,000 but Datin Zalika did not agree with the
    amount.(no acceptance made by datin zalikha)
    ~therefore no contract,Datin zalikha didn't breach a contract with Encik saat

    4-CONCLUSIONS
    ~there is no valid contract between Datin Zalikha and Encik Saat.

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