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law assignment 有谁可以帮帮忙~~
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All questions must be answered.
a) On January 1st, David wrote to Tina offering to sell a car for RM60,000; the offer was to “remain open for a week from today”. On January 2nd, Tina posted a letter saying “RM60,000 is too much but I offer you RM50,000”. Later the same day Tina posted a second letter saying “I have reconsidered the matter; RM60,000 is reasonable and I accept your offer”. David, having received Tina’s first letter on January 5th, at once entered into a contract to sell the car to Ling Ling. Tina’s second letter arrived on 6th January.
Advise Tina.
(25marks)
b) Elaborate TWO(2) situations of mere invitation to treat as opposed to a proposal with reference to decided cases.
(12.5marks)
c) Describe TWO (2) ways in which an offer can be withdrawn with reference to
relevant provision of Malaysian Contracts Act 1950.
(12.5marks)
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发表于 9-11-2015 08:24 PM
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本帖最后由 可爱小神仙 于 9-11-2015 08:33 PM 编辑
我先声明我的答案只是靠我的记忆力来作答的, 不敢担保答案对不对 但希望可以帮到你
(a)
Tina的第一封信不是acceptance of the offer, 是counter offer
所以说如果on 5th January David不接受Tina的50k, 他们之间就已经没有交易了
就算第二份信里说TIna答应给60k, David也可以拒绝卖车给Tina因为counter offer will reject the original offer.在David收到Tina的第一封信时就entered contact with Ling Ling, 就是说David拒绝卖给Tina50k
所以Tina是不能告David的
(b) Giving price list/supply of information/advertisement/display of goods/auction都是invitation to treat, 给点example然后quote一些cases like "Fisher V Bell"
(c)death of one party/time expired/rejection/revocation 我就记得这些
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楼主 |
发表于 10-11-2015 04:09 AM
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