Whether the contract is made between Ali and CoolAir Sdn Bhd?

If the contract is made, can the contract be cancel? ISSUE S4(2)(a)-the communication of an
acceptance is complete as against the proposer, when it is put in a course of transmission to him,
so as to be out of the power of the acceptor.

Case: Ignatius v Bell (1913)
The plaintiff sued for specific performance of an option agreement which purported to give him
the option of purchasing the defendants rights over a piece of land. This option was to be
exercised on or before the 20th day of August, 1912. The parties had contemplated the use of the
post as a means of communication. The plaintiff sent a notice of acceptance by registered post in
Klang on August 16th, 1912 but it was not delivered till the evening of August 25th because the
plaintiff was away. The letter had reminded in the post office at Kuala Selangor until picked up
by the defendant. The Court, applying section 4, held that the option was duly exercised by the
plaintiff when the letter was posted on August 16th. On 1st February, CoolAir Sdn Bhd has
offered to Ali an air conditioner at a price of RM 3000.
The offer remains open until 8th February.
On 7th February Ali accept the offer by leaving a message with the answering service and sends
letter to confirm the order.
After that, Ali wish to cancel the order.
Ali call CoolAir Sdn Bhd and the secretary points out that she has not listening to answering
services but she will note down his wishes.
Alis letter of 7th arrives on 9th , at CoolAir Sdn Bhds premises. LAW
(CASES AND SECTIONS) S5(2)-an acceptance may be revoked at anytime before the
communication of the acceptance is complete as against the acceptor, but not afterwards.

S4(2)(b)- the communication of an acceptance is complete as against the acceptor, when it comes
to the knowledge of the proposer. CONCLUSION Based on this case, acceptance have been
made but the revocation of acceptance can still be done as long as the communication of
cancellation reached earlier from acceptance of communication. BIBLIOGRAPHY Beatrix
Vohrah, Wu Min Aun. (2008). The Commercial Law Of Malaysia. Pearson Malaysia Sdn. Bhd.
Jalil, D. M. (2011). Clarification of Rules of Acceptance in Making Business Contracts. Journal
Politics and law, 114.
Malaysia, p. U. (2006). Undang-Undang Perniagaan. Universiti Utara Malaysia.
Services, I. L. (2006). Akta Kontrak 1950 (Akta 136) & Akta Kontrak Kerajaan 1949 (Akta
120). Golden Books Centre Sdn. Bhd.