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SECTION #
Contract
Section 2 (h) CA
DEFINITION
Agreement enforceable by law. Can be in
written, oral or implied by action.
RULES
1. Contract by deed:Speciality contract.
2. Wirtten
3. Evidenced in writing
1. Can be made to anyone and everyone
Proposal or offer
2(a)
3. Obligation by inference
Acceptance
1. S2(b)
Consideration
S26
3. Adequacy of consideration
S26(2)-adequacy of consideration is
immaterial(cannot merely void because of it)
CASES
RESULTS
Silence is no acceptance.
CASES
REVOCATION
1. Rejection
5. Merger
6. Revocate
-Must be made before acceptance.
- Must be communicated by notice to other party
S6(a).
- Mustbe brought to the mind of the promisee/offerer
Postal Rule:
1.Byrne v Tienoven 1880
-Revocation of proposal is made by post, the
revocation is only effective when it comes to the
knowledge of the acceptor, and not at the time
when the letter of revocation is posted
2. Dickinsons v. Dodds(1876)
-Revocation of proposal need to be communicated
by third party who is acting on behalf of the
proposer as the agent.
RESULTS
The telex offer was nothing but an invitation ot
treat in view of the condition imposed.
Accecptance by the Malayan did not constitute a
valid cotract. In addition to accept the offer
before the deadline, Malayan must fulfill all the
terms and condition in the telex offer but they
failed. So, Saw has every right to treat there was
no valid contract between parties.
Revocation completed.