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a)
Acceptance and contract are often intertwined since acceptance is part of an agreement in
the Contract Act 1950. An arrangement may be considered a contract when it is made and signed
by two or more parties. Both of these things, a contract, maybe verbal or legally binding. The
private sector thrives on well-written and specific contracts. Most contracts are carried out either
in writing or by word of mouth.
No written agreements will be honored. Most times, you can consider written deals as well
as verbal ones. Verbal acceptance is appropriate where the sides are under the condition that it is
assumed that the contract will be put in writing.
Until the agreement is accepted, the offer can be withdrawn by the offeror. In order to
formally rescind an offer, the offer must be conveyed to the offeree, however, anyone other than
the offeror can act as the go-between. If the bid was for something for sale, so you can no longer
consider it until the offeree has been contacted.
Image Rule
There can be any change to the contact according to the image rule. An offer must be
accepted precisely as it is made. Any changes you make to the initial deal will automatically end
it. Any counteroffer, if made, negates the terms of the offer you made. But note that asking for
further detail does not constitute a counterproposal. An approval can be taken only during the time
in which it was made. And if the proposal is rejected, then it can never be carried back.
Postal Rule
As far as the offeror is concerned, whether it's provided verbally or by action, acceptance
is completely ineffective unless it is conveyed to the offeree or the offeree's representative. This
law is put in order to better protect the offeror who is caught in the uncomfortable situation of
having made an offer he does not understand is accepted.
Except, on the contrary, it seems that general acceptance has mostly delivered by mail.
Also referred to as the postal rule, which is the term for an exception that is generally defined as
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"not excepted from the law". Under the postal rule, the acceptance must be posted before it goes
into effect, regardless of where it is sent. This law has the effect of making the approval be implicit,
and then communicating it to the offeror. It is equally true whether or not the letter is sent.
However, the provision does not apply to all instances where it is sent via mail. The
invitation must be made in writing where the acceptance is feasible, although it is acceptable to
agree in writing, such as where the acceptance is submitted. While the terms of the contract which
specify things like pay range and place, if that portion of the provision is excluded, then it doesn't
apply. Thus, it may state that the acceptance is valid when it is made to the offeror or when it is
conveyed to the offeror Without that, there is no need for the law to be in place. It should also be
remembered that only letters that have been carefully addressed and postmarked are covered by
the postal rule.
Immediate approval is acceptable, but doesn't have to be sent in a written form, such as in
person or over the internet. For example, however, because of the emergence of modern means of
communication, such as facsimile, electronic mail, or voice mail, which are neither as quick as
post nor immediate as direct dialogue, the implementation of the postal rule becomes increasingly
ambiguous. The interpretation of this provision has the potential to be critical in resolving
disagreements over whether consent has actually been given. Acceptance is made, but not
necessarily provided to the offeror.
It is still unclear whether or not the law applies to this topic. However, claims have been
made that the acceptance is influenced by individual circumstances and whether they should have
reasonably have known the message had not been sent. if anyone is unable to be held accountable
for the message's delivery, it is the sender's obligation to re-transmit it, not the postal rule in the
absence of identification, on the fly This statement will also hold true for voice or email messages
that get lost.
It is important to understand that only an affirmative reply is required for an offer or to
consider a proposal.
b)
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Issue:
Whether Abu is bound by any contract to antique table fan to Ali for RM3,000.
Laws:
s2 (b) Contract Act 1950 states that “when the person to whom the proposal is made signifies his
assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise”.
s2 (c) Contract Act 1950 states that “the person making the proposal is called promisor and the
person accepting the proposal is called the promisee”.
s3 Contract Act 1950 states that “the communication of proposals, the acceptance of proposals,
and the revocation of proposals and acceptances, respectively, are deemed to be made by any act
or omission of the party proposing, accepting, or revoking, by which he intends to communicate
the proposal, acceptance, or revocation, or which has the effect of communication”.
s6 (c) Contract Act 1950 states that “by the failure of the acceptor to fulfill a condition precedent
to acceptance; or counteroffer, the proposal is revoked”.
Application:
Ali (offeror) proposed Abu (promisee) buy his antique table fan for RM2,000 under Section 2 (c)
of the Contract Act 1950. However, Ali declined the offer by saying, "I'll think about it" which
does not constitute an acceptance under Section 2(b) of the Contract Act 1950, and Alis's offer
is withdrawn under Section 6(c) of the Contract Act 1950. Abu later made an offer to Ali to sell
the antique table fan for RM3,000, but Ali declined, which terminates Abu’s offer under Section
6 (c) of the Contract Act 1950. After a week, Ali makes a new offer to Abu, saying that he would
pay the asking price of RM3,000 for an antique table fan after he received a bonus from his
employee. However, Abu's previous offer is no longer valid under Section 6 (c) of the Contract
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Act 1950. In Malayan Flour Mills Bhd’s case: “if while purporting to accept the offer as a whole,
he introduces a new term which the offeror has not the chance of examining, he is in fact making
a counter-offer. The effect of this in the eyes of law is to destroy the original offer”. Abu counters
his offer by saying that the price has increased and costs RM4,000 under Section 3 of the Contract
Act 1950. Ali has the option of accepting or declining Abu’s offer. Therefore, Abu and Ali have
not bound by any legally binding contract.
Conclusion:
Therefore, Abu is not bound by any contract to sell the antique table fan to Ali for RM3,000.

Unformatted Attachment Preview

a) Acceptance and contract are often intertwined since acceptance is part of an agreement in the Contract Act 1950. An arrangement may be considered a contract when it is made and signed by two or more parties. Both of these things, a contract, maybe verbal or legally binding. The private sector thrives on well-written and specific contracts. Most contracts are carried out either in writing or by word of mouth. No written agreements will be honored. Most times, you can consider written deals as well as verbal ones. Verbal acceptance is appropriate where the sides are under the condition that it is assumed that the contract will be put in writing. Until the agreement is accepted, the offer can be withdrawn by the offeror. In order to formally rescind an offer, the offer must be conveyed to the offeree, however, anyone other than the offeror can act as the go-between. If the bid was for something for sale, so you can no longer consider it until the offeree has been contacted. Image Rule There can be any change to the contact according to the image rule. An offer must be accepted precisely as it is made. Any changes you make to the initial deal will automatically end it. Any counteroffer, if made, negates the terms of the offer you made. But note that asking for further detail does not constitute a counterproposal. An approval can be taken only during the time in which it was made. And if the proposal is rejected, then it can never be carried back. Postal Rule As far as the offeror is concerned, whether it's provided verbally or by action, acceptance is completely ineffective unless it is conveyed to the offeree or the offeree's representative. This law is put in order to better protect the offeror who is caught in the uncomfortable situation of having made an offer he does not understand is accepted. Except, on the contrary, it seems that general acceptance has mostly delivered by mail. Also referred to as the postal rule, which is the term for an exception that is generally defined as "not excepted from the law". Under the postal rule, the acceptance must be posted before it goes into effect, regardless of where it is sent. This law has the effect of making the approval be implicit, and then communicating it to the offeror. It is equally true whether or not the letter is sent. However, the provision does not apply to all instances where it is sent via mail. The invitation must be made in writing where the acceptance is feasible, although it is acceptable to agree in writing, such as where the acceptance is submitted. While the terms of the contract which specify things like pay range and place, if that portion of the provision is excluded, then it doesn't apply. Thus, it may state that the acceptance is valid when it is made to the offeror or when it is conveyed to the offeror Without that, there is no need for the law to be in place. It should also be remembered that only letters that have been carefully addressed and postmarked are covered by the postal rule. Immediate approval is acceptable, but doesn't have to be sent in a written form, such as in person or over the internet. For example, however, because of the emergence of modern means of communication, such as facsimile, electronic mail, or voice mail, which are neither as quick as post nor immediate as direct dialogue, the implementation of the postal rule becomes increasingly ambiguous. The interpretation of this provision has the potential to be critical in resolving disagreements over whether consent has actually been given. Acceptance is made, but not necessarily provided to the offeror. It is still unclear whether or not the law applies to this topic. However, claims have been made that the acceptance is influenced by individual circumstances and whether they should have reasonably have known the message had not been sent. if anyone is unable to be held accountable for the message's delivery, it is the sender's obligation to re-transmit it, not the postal rule in the absence of identification, on the fly This statement will also hold true for voice or email messages that get lost. It is important to understand that only an affirmative reply is required for an offer or to consider b) a proposal. Issue: Whether Abu is bound by any contract to antique table fan to Ali for RM3,000. Laws: s2 (b) Contract Act 1950 states that “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise”. s2 (c) Contract Act 1950 states that “the person making the proposal is called promisor and the person accepting the proposal is called the promisee”. s3 Contract Act 1950 states that “the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting, or revoking, by which he intends to communicate the proposal, acceptance, or revocation, or which has the effect of communication”. s6 (c) Contract Act 1950 states that “by the failure of the acceptor to fulfill a condition precedent to acceptance; or counteroffer, the proposal is revoked”. Application: Ali (offeror) proposed Abu (promisee) buy his antique table fan for RM2,000 under Section 2 (c) of the Contract Act 1950. However, Ali declined the offer by saying, "I'll think about it" which does not constitute an acceptance under Section 2(b) of the Contract Act 1950, and Alis's offer is withdrawn under Section 6(c) of the Contract Act 1950. Abu later made an offer to Ali to sell the antique table fan for RM3,000, but Ali declined, which terminates Abu’s offer under Section 6 (c) of the Contract Act 1950. After a week, Ali makes a new offer to Abu, saying that he would pay the asking price of RM3,000 for an antique table fan after he received a bonus from his employee. However, Abu's previous offer is no longer valid under Section 6 (c) of the Contract Act 1950. In Malayan Flour Mills Bhd’s case: “if while purporting to accept the offer as a whole, he introduces a new term which the offeror has not the chance of examining, he is in fact making a counter-offer. The effect of this in the eyes of law is to destroy the original offer”. Abu counters his offer by saying that the price has increased and costs RM4,000 under Section 3 of the Contract Act 1950. Ali has the option of accepting or declining Abu’s offer. Therefore, Abu and Ali have not bound by any legally binding contract. Conclusion: Therefore, Abu is not bound by any contract to sell the antique table fan to Ali for RM3,000. Name: Description: ...
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