Law Case Study cww5

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A proposal is a statement made by one person to another.

Once the offeree accepts,


the offer creates a legal connection between the two parties. Who is the "offeree" in this
scenario? In contract law, there are two parties involved: the offeror and the offeree. The
person who makes the offer is known as the offeror. The individual who accepts or rejects
the offer is known as the offeree. There must be three elements for an agreement to exist:
an offeror, an offeree, and, of course, an offer.

Communication offer is an offer is made when it’s communicated to the offeree.


Section 3 of the Act lays down that the communication or proposal, acceptance, and
revocation is must. It may be expressed or implied. The express communication can be
written, through emails, telegraphic, telephonic, minutes of a meeting, words of mouth or
conduct. Thus, proposal may be communicated in any way which has the effect of laying
before the offeree the willingness to do or abstain.

Section 4 para I of the Act lays down that the communication of an offer is complete
when it comes to the knowledge of the person to whom it is made. When an offer is made
by post, its communication will be complete when the offeree receives the letter. In face to
face or telephonic conversation, the instant the offeree listens to the offer by the offeror,
the communication is complete.

In the case of Taylor v. Laird, the claimant worked as a captain for the defendants on
a ship they owned. Throughout his cruise return to Britain, he willingly gave up his position
as captain and served as an ordinary crew member when at a foreign port during the
journey. This shift in viewpoint was not communicated to the defendant. When he returned,
he attempted to recover pay from the defendant for his service as a crew member on the
trip. The question for each of them was whether the defendant had accepted the claimant's
job offer while being uninformed of it, and if so, whether the defendant was contractually
obligated to pay the claimant's salary for his labour aboard the ship on the return trip.
Lastly, the claimant was not entitled to remuneration for the return voyage since he had not
entered into any contractual arrangement with the defendant for the execution of his
employment as an ordinary crew member, according to the court. There was no foundation
for a contract since the defendant had not received any contact or offer of labour in this
capacity from the claimant. The court reasoned that it would be unreasonable to bind a
party to an offer that he had not been made aware of and so had no opportunity to accept
or reject; as a result, it is not permissible to accept an offer "in ignorance" in English contract
law.

When Ruby and Jane were having lunch at Sunway Club, Ruby offered to sell a
computer for RM1800. Jane replied “It is very expensive however I want it for RM1500”.
Ruby shakes her head and tells “no I will not sell it at RM1500”. The next day when they
again meet for lunch Jane gives her RM1500 for the computer which is refused by Ruby.

A counteroffer is a reaction to a previous offer. The first offer was rejected, and a
counteroffer was made in its stead. The original offered has three options: accept the
counteroffer, reject it, or make a new offer in response to the counteroffer. Counteroffers
are common in a wide range of commercial talks, transactions, and private and public deals
between two people or entities. They may be found in real estate transactions, job
discussions, vehicle sales, private placements, mergers and acquisitions, and takeovers,
among other things.

Mr Wrench, the defendant in Hyde v Wrench, offered to sell the land he owned to
Mr Hyde, the complainant. Mr Hyde refused his offer of £1,200 for the home. The
defendant decided to contact the complaint again, this time offering to sell him the farm for
£1,000. He stated unequivocally that this was his final bid for the property. In return, Mr
Hyde wrote a letter offering £950 for the land. Mr Wrench disputed this, and he verified it
with the complainant. Mr Hyde then agreed to buy the farm for £1,000, the amount that
had been proposed earlier. Mr Wrench, on the other hand, refused to sell his farm. So, the
issues about both of them is the complaint filed a claim for specific performance, alleging
that Mr Wrench had breached the contract by refusing to sell the property. The question in
this case was whether the parties had entered into a legitimate contract and, if a counter
offer was made during negotiations, whether the initial offer would still be available. Lastly,
the court dismissed the allegations, ruling that Mr Hyde and Mr Wrench did not have an
enforceable contract for the land. When a counter offer is made, it is said that it trumps and
destroys the initial offer. This first deal is no longer valid or accessible. When Mr Hyde
offered £950, he immediately cancelled the £1,000 offer and was unable to accept.

In Conclusion Ruby is a promise that is, by its terms, conditional upon an act,
forbearance, or return promise being given in exchange for the promise or its performance.
It is a declaration of readiness to engage into a contract, stated such that another party is
justified in believing that his or her acceptance to the contract is requested and will bring it
to a successful conclusion. Any offer must include a declaration of current desire to engage
into a contract, a specific proposal with specific conditions, and notification of the offer to
the identified, potential offeree. There is no offer to form the foundation of a contract if any
of these components are lacking. Finally, Ruby offered Jane an offer of RM1800 for the
computer. Jane proposed a cheaper price of RM1500, but her offer was turned down.

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