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Tyres Case

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1. Offer & Acceptance

Answer Q1. (a)

Actually it wasn't contract between Apec and the Booty Supermarket, Because what stated in the banner as "Special Offer" it was just Invitation to treat (ITT) which mean (Offer to receive an offer. Under UK law, the price tag on an item displayed in a shop window (or advertised over public media) is an invitation-to-treat and not an offer of sale (the acceptance of which constitutes a contract).so consequence mean there is no contract.

Answer Q1. (b/i)

Apec will accept the proposal of the cashier to buy the hand phone at RM900, and there is a contract according to the law which state in: Sect 2(h) Contracts Act 1950 / Contract is an agreement enforceable: Agreement + Enforceability = Contract.

Answer Q1. (b/ii)

Apec suggest to the cashier to sell him the hand phone for RM880 but the cashier turned him down because Apec has no contractual right to fix the price at RM880.

2. Transaction by post & revocation of offer

Answer Q2. (a)

Dammy fail to take legal action against Charlie because he didn't reply that he accepted the offer within two weeks. So Charlie has the right to sell the apartment to Eileen.

Answer Q2. (b)

No my answer would be no difference even if Charlie had send his revoking letter of proposal on 13 March.

3. Transaction by post & counter offer

Answer Q3. (a)

Because of the revocation letter there will not binding agreement between Fishy and Girlie.

Answer Q3. (b)

Yes my advise will be different because Girlie reply to Fishy within a stipulated time period.

4. Consideration

Answer Q4. (a)

For breach of contract I can sue Harlie since consideration is one of the elements in the contract.

Answer Q4. (b)

The Cat belong to Harlie and he make an agreement with Julie for his Cat to be taken care by Kathie which is Julie's maid, contractually Harlie is bound to pay Julie since Julie is the boss and Kathie her maid, thus, they have a relationship.



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