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OFFER

1. A advertised in a newspaper a reward of RM1000 for those who finds her pussy
cat. B found the cat and she recognized it belongs to A. After returning the cat to
A then only B learned that there was a reward. B claimed the reward from A but
failed.

2. A published an advertisement at the time of an influenza epidemic proclaiming


that their medicine can cure flue. For those who consumed it but still cannot cure
can claim RM100 from A’s company. B tried to claim from A because she has
consumed the medicine but still have flue. A refused to pay B RM100.

3. X advertised on his website to sell his house. Y sent a message to X but no


reply. Later, Y is informed that the house has been sold to Z. Y is not satisfied.

4. L went to shopping mall to buy groceries. While putting the groceries into a
trolley, L received a call from her maid saying that her house is caught on fire.
She left the groceries and tried to get out from the mall but was stopped by the
security guard. L was asked to pay the groceries but she refused.

5. On August 1 2016 P posted a letter of offer to Q. August 3, Q received the letter


and immediately she accepted the offer by posting a letter of acceptance via
courier. August 2, P posted a letter to revoke the offer which reached Q on
August 5. P refused to sell the goods to Q by saying that he has revoked the
offer.

ACCEPTANCE

6. M offered to sell her ring at RM100. S agreed to accept at RM90 but M refused.
Later S agreed to buy the ring at RM100 but M still refused. S sued M

7. J offered to sell her painting to K. K kept silent but she has already asked her
husband to accompany her to J’s house to see the painting. On her way to J’s
house, K learned that J has sold the painting to N. K was not satisfied.

8. Lily sent a message to Fify telling her offer to sell a preloved hijab at RM25.00
and Fify must reply within one hour. Fify read the message and immediately
replied that she agreed to buy the hijab but her message reached Lily after two
hours. Lily thought Fify was not interested to buy the hijab, so she sold it to
Wafa.

9. S sent a letter of offer to Y to sell her hand phone for RM250. Y agreed to buy
and posted a letter of acceptance via ordinary mail. The next day Y changed her
mind and would like to revoke her acceptance. She posted a letter of revocation
of acceptance. S called Y telling that she received 2 letters. Advise S.
CONSIDERATION

10. Z advertised a reward of RM100 for those who find her rabbit. W read the
advertisement and she found the said rabbit. After returning the rabbit to Z, she
refused to pay W the reward. Advise W.

11. Pheng has 2 adopted children. Before she died, she asked her siblings to
renounce their rights in favour of the 2 adopted children. After she died they
entered into an agreement with the 2 adopted children. Later, there was
someone raised the issue that the contract was not valid. Advise.

12. While walking back to hostel, D found a wallet which he recognized its owner, G.
After returning the wallet to G, he promised to pay D RM50 the next day. When D
asked the money G refused to pay. Advise

13. Q has been sentenced for 1 year imprisonment. He has seven year old son. He
asked his uncle to take care of his son. After Q was discharged from prison, he
wanted to take his son from his uncle. He promised to pay to his uncle all
expenditures incurred during his absent. After one week, Q’s uncle remind Q
about his promise but he refused to pay. Advise

14. X offered to sell his new car worth RM50,000.00 to Y at the sum of Rm10,000.00
only. Y agreed to buy the car but then X refused to proceed with the contract.
Advise

15. B bought a laptop from N. B’s father wanted to pay the laptop but N refused to
accept saying that B must pay the price not his father. Advise.

INTENTION

16. Haikal promised to take his wife Nazirah to Dubai for their wedding anniversary.
Haikal later changed his mind and decided to celebrate their wedding
anniversary at a hotel in Kuala Lumpur. Nazirah who was looking forward to the
trip, is very disappointed and threatened to sue Haikal for breaking his promise.
Advise Nazirah on whether she can do so.
LEGAL CAPACITY

17. Danny, aged 17, has just enrolled in Ivory College to pursue his studies in
architecture. He ordered a laptop with the latest features for graphic design and
video editing worth RM12,000 from Techno-Trend Ltd (TL). Two weeks later, TL
informed Danny that the laptop had arrived, and Danny has to make payment.
Danny failed to pay it as he did not have enough money at that time. TL wants
to take legal action against Danny for payment of the laptop.
Advise Danny on his liability in relation with his contract
with TL.

FREE CONSENT

18. A bought a hp from B then A found out that the hp is not an original one as
promised by B. A was not satisfied and would like to return the hp to B but B
refused to accept the hp and insisted that the hp is an original one. Advise

19. Z was threatened by K to enter into a contract, failing which Z's house will be
burnt by K's agent. Z was so afraid of the threat and agreed to sign an agreement
by paying Rm1000 to K. Advise

20. G is a lawyer. He asked H, his client to transfer a piece of land to him.


Thinking that G has helped her a lot, H agreed to do so. Then H realized that she
should have not transferred the land to G as he was paid for his service. Advise

21. S and N entered into a contract which unknown to them the ship carrying the
goods was destroyed by a tsunami. S sued N for damages. Advise

DISCHARGE OF CONTRACT

Question 1
John hired out a music hall for grand concerts. Clark was the owner of the hall. John
went to great expense organizing the concerts and paid $10,000.00 as a deposit to
Clark. However, a week before the first show the music hall was destroyed by an
accidental fire. John sought to bring an action against Clark for breach of contract and
claim for damages.
Advise Clark.
Question 2
A room was hired by Z for the sole purpose of watching the coronation procession of
King but owing to the King’s illness, the procession was cancelled. The landlord asked Z
to pay the rent but Z refused.
Advise Z.

Question 3
S entered into a contract with G. S promised to play piano during any occasion in G’s
club.  A day before a wedding ceremony held at G's club, S fell ill and cannot perform
during that ceremony. G was very disappointed and would like to sue S. Advise S.

REMEDIES

QUESTION 1
Tok Ki had agreed to sell a metal melting furnace to Pak Uda, and giving an undertaking
that the melting furnace would have a temperature of not lower than 2600F. This
specification was not fulfilled by Tok Ki, so Pak Uda brought an action against Tok Ki
and claimed damages, including loss of profit. Advise.
QUESTION 2
Anne had signed a contract to sing at Bernard’s nightclub and the contract stated that,
in the event of a breach, Anne should not perform in Bernard’s area during the fixed
period of the contract. Later Anne breached the contract by singing in the nearby club.
Advise Bernard regarding the appropriate remedy for him. Advise.
QUESTION 3
Ali is a freelance journalist. He entered into contract with Abu, the owner of a tabloid
newspaper. It was agreed that RM10,000.00 will be paid to Ali if he managed to write
about the economic downturn due to covid-19. Ali had written part of the issue when
Abu suddenly disappeared. Later, Ali discovered that Abu employed another journalist
to replace him. Ali was disappointed and would like to sue Abu. Advise.
QUESTION 1

A advertised in a newspaper a reward of RM1000 for those who finds her pussy cat. B
found the cat and she recognized it belongs to A. After returning the cat to A then only B
learned that there was a reward. B claimed the reward from A but failed.

SAMPLE OF ANWER

Issue
Whether B is entitled to claim the reward from A.

Principles of Law
Section 2(a) of the Contract Act 195, defines an offer as when an offeror signifies to an
offeree his willingness to do something, in order to obtain the offeree’s
agreement/assent to accept the offer.

The word ‘signifies’ in the definition shows that the offer must be communicated to the
offeree or the offer must come to the knowledge of the offeree, otherwise the offer will
not be valid.

Section 4(1) of the Contract Act 1950 provides that a communication of an offer is
complete when it comes to the knowledge of the offeree.

This principle is illustrated by case of R v. Clarke (1927). In this case, Clarke was
arrested and charged with murder. Clarke gave an information to the police which led to
the arrest of another culprit, without knowing that there was a reward as advertised by
the government. Later, Clarke claimed the reward but failed. The court held that Clarke
was not entitled to claim the reward since he he had no knowledge about it at the time
he gave the information to the police.

Application
Based on the given situation, B returned the cat to A without knowing that there was a
reward as advertised by A.

By applying the above principles, B is not entitled to claim the reward because B has
no knowledge about the reward as advertised by A at the time B returned the cat to
A.The reward is not communicated to B. Therefore, A is not liable to give the reward to
B.

Conclusion
In conclusion, B is not entitled to claim the reward since she has no knowledge about it.

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