Fundamentals of Law

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Table of Contents

Question 11
1.1 Introduction2
1.2 Offer2
1.3 Counter offer4
1.4 Option contract4
1.5 Acceptance5
1.6 Postal Rule5
Question 2:.7
2.1 What is Judicial Precedent?7
2.2 Hierarchy of Precedents8
2.3 Limitations and Types of Judicial Precedent9
2.4 Advantages and Disadvantages of Judicial Precedent10
2.5 Contributions of Judicial Precedent12
3.0 References14

Question 1

On 13 September, Fiona, a newly qualified dentist, receives the following note from her uncle: 10 Park Street
Nilai
71800 Negeri Sembilan
Malaysia

Dear Fiona
We talked some time ago about your buying some of my dental equipment when I retire from my practice at the end of this month. I am prepared to let you have everything for RM15,000. Let me know fairly quickly if you’re interested because I’ve already had a very good offer from one of my colleagues.

Your affectionate uncle
Arnold

Fiona is keen to take advantage of her uncle’s offer but is unsure whether she can raise such a large amount of money by the end of September. She phones her uncle to find out whether she can have until after Christmas to pay. He uncle is away at a conference and so Fiona leaves a message with his secretary. Two weeks pass by and, as Fiona has not heard from her uncle, she arranges a loan with her bank. On 28 September she writes to her uncle accepting his offer and enclosing a cheque for RM15,000. On 30 September, her uncle phones to say that he has already sold the equipment to someone else.

Advise Fiona.
(50 marks)
Question 2
Critically discuss the doctrine of judicial precedent of the Malaysian legal system with the current role. (50 marks)

1.1 Introduction

According to the case study, where Fiona, a newly qualified dentist, receives a letter from her uncle on the 13th September saying that he is prepared to let Fiona have all of his dental equipment for RM15,000. He told Fiona to reply him quickly as there is another offer from his colleague. After knowing this, Fiona wants to accept her uncle’s offer but wasn’t sure if she could raise enough money by the end of September. She then called her uncle to make a counter offer by asking if she could pay after Christmas. However, as her uncle was away at a conference, he couldn’t answer the call and the Fiona leaves a message with his secretary. After two weeks, Fiona has not heard about her uncle, she then arranges a loan with her bank and on 28th September, she wrote to her uncle accepting his offer together enclosing cheques of RM15, 000. Nevertheless, he uncle replied her by phone saying that he has already sold the equipment to someone else. 1.2 Offer

An offer is an expression of a willingness to contract on certain terms made with the intention that a binding agreement will exist once the offer is accepted. According to Contracts Act 1950, an agreement can be made between 2 or more parties, there must be expression of willingness to enter into a contract, offer must be made with a legal intention that it shall be binding and legally enforceable by law. Based on section 2 (c) of Contracts Act 1950, the person who made the offer is caller and “offeror” while the person who accepts the offer is called the “offeree”. From the case study above the offeror is the Fiona’s uncle while the offeree is Fiona. There are 2 types of offer which is first the unilateral. In an unilateral offer, there is only one party that makes promise in the contract and the offeree accepts the offer by performing a certain action. It is usually where the offeror made an offer to the world in whole through an advertisement and the once the act is performed the offeree will be considered as accepted by the offeree such as the case of Carlill v Carbolic Smoke Ball Company [1893]. According to this case, The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from getting influenza or flu. The Company published...
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