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Elements of Law

In: Business and Management

Submitted By ihumer
Words 758
Pages 4
Question 2 (a)
Under contract law, this problem is engage with the postal acceptance rule which is a ‘term of common law contracts which determines communication between the parties by mail when a contract has been composed. The basic idea of the rule is to accept offer that is sent before received the revocation of the offer. However, if a communication is sent rejecting the offer, and a later communication is sent accepting the contract, then the first one to be received by the offerer will prevail’ (Contracts Law: Mailbox Rule, n.d).
The issue in this case is whether there has been a valid acceptance of the offer to create a legally binding contract between Benny of Azman’s. According to Section 2-(a) of Malaysian Contracts Act 1950, ‘when a person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal’. Section 2(b) 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’.
Generally, silence of the offeree does not constitute an acceptance of the offer even though the offerer would consider offeree's silence. In accordance to another case, Felthouse v Bindley (1862) EWHC CP J 35 (Court of Common Pleas, n.d, the offerer wrote the offer mail to his nephew to buy his horse saying "If I hear no more about him, I consider the horse mine at £30 and 15s". The nephew didn't responf to it. The court did state that "There is no contract between them". The reason for decision was that is no acceptance noticed although there was an 'open offer' in writing, the nephew's intention of acceptance to the uncle had not be communicated. Since it is not a valid contract, offerer forces offeree to reject or take active steps. If Benny does

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