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PERAK BRANCH, CAMPUS SRI ISKANDAR

Perak Darul Ridzuan

COURSE : INTRODUCTION TO LAW OF PROPERTY


COURSE CODE : EMT119

DATE OF : 9 MARCH 2010


SUBMISSION

GROUP NAME : ABDUL HALIM BIN RAZAK


(2009860716)
ABDUL MUHAIMIN BIN SHAMSUDIN
(2009289704)
AKMAL BIN ZULKAFLI
(2009810872)

LECTURER NAME :

CLASS : EM1D
QUESTION 1:

Advise JOJO

Issue

- Whether has binding contract between Jaja and Jojo.

- Whether Jojo can sue Jaja or not

Law

- Section 4(1) of the contract Acts 1950 provides that the


communication of an acceptance is complete as against
the person to whom it is made only when it comes to his
knowledge.

- Section 4(3)(b) contract acts 1950, the communication of


a revocation is complete as against the person to whom
it is made only when it comes to his knowledge.

- Section 5(1) provides that a proposal may be revoked at


any time before the communication of its acceptance is
complete as against the proposer, but not afterwards.

- Section 5(2) of the said act provides that an acceptance


may be revoked at any time before the communication
of the acceptance is complete as against the acceptor,
but not afterwards.

Application

On 23/02/2010 Jaja sent a letter to Jojo offered to sell her


horse for RM8000. In her letter, if she not received the
acceptance letter in one month, the contract is not
done. However on 13/04/2010 Jaja received acceptance
letter from Jojo, but on 11/04/2010 Jaja was sent her
revocation letter and said the horse to Jiji on 15/04/2010
jojo received revocation letter from Jaja.
QUESTION 2

Issue

Whether has binding contract between Jaja and Jojo

Case

HYDE v. WRENCH

The defendant offered to sell his estate to the plaintatiff on 6


June for £1000. On 8 June, in reply, the plaintiff made a
counter-proposal to purchase at £950. When the
defendant refused to accept this offer on 27 June, the
plaintiff wrote again that he was prepared to pay the
original sum demanded. The court held that no contract
existed between them. The plaintiff had rejected the
original proposal on 8 June so that he was no longer
capable of accepting it later.

Application

In Jaja’s letter on 23/02/2010, she offered to sell her horse to


Jojo for RM8000. On 25/02/2010 Jojo
received the offer letter and immediately replied by post
stating that she accepted the offer with condition that
she agree to buy the horse for RM7000. In this case Jojo
has made counter offer with Jaja.

Conclusion

In this case not have binding contract between Jaja and Jojo.
Jaja not agree the counter offer that has made by Jojo.