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    Contract Offer

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    wj
    The document discusses contract law in Malaysia. It covers topics such as the definition of a contract, privity of contract, elements for a valid contract including offer, acceptance, intention to create legal relations and consideration. It also discusses limitation periods, exceptions to privity, and termination of offers. The document provides information on these contract law topics in the context of Malaysian law.

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    Contract Offer

    Uploaded by

    wj
    54 views2 pages
    The document discusses contract law in Malaysia. It covers topics such as the definition of a contract, privity of contract, elements for a valid contract including offer, acceptance, intention to create legal relations and consideration. It also discusses limitation periods, exceptions to privity, and termination of offers. The document provides information on these contract law topics in the context of Malaysian law.

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    The document discusses contract law in Malaysia. It covers topics such as the definition of a contract, privity of contract, elements for a valid contract including offer, acceptance, intention to create legal relations and consideration. It also discusses limitation periods, exceptions to privity, and termination of offers. The document provides information on these contract law topics in the context of Malaysian law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views2 pages

    Contract Offer

    Uploaded by

    wj
    The document discusses contract law in Malaysia. It covers topics such as the definition of a contract, privity of contract, elements for a valid contract including offer, acceptance, intention to create legal relations and consideration. It also discusses limitation periods, exceptions to privity, and termination of offers. The document provides information on these contract law topics in the context of Malaysian law.

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    LEGAL STUDIES (LAW 66004)

    INTORUDCTION TO LAW (LAW 63704)

    CONTRACT LAW

    Introduction

     Contract law is a study of legal principles in relation to contracts.


     A contract is an agreement between the parties (offeror & offeree). A written contract is
    document containing the terms and conditions that have been agreed between the
    parties (i.e what work needs to be done, payment methods & time lines). It is a mutual
    exchange of obligations.
     In Malaysia, contracts are governed by the Contracts Act 1950 and common law.
     There is no requirement in law that a contract must be in writing but oral agreements are
    difficult to prove.
    Limitation
     6 years to sue from the date of the breach – section 6 Limitation Act 1953.
     It’s an absolute defence if the Defendant raises it.

    Privity of Contract

     Only parties to a contract can sue or be sued on it. Parties to a contract cannot impose
    liabilities on a 3rd party who is a stranger to the contract.
     Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd.
     Emar Sdn Bhd v Aidigi Sdn Bhd
     However there are some exceptions to this principle – cheques & insurance policy.

    Elements for a valid contract

    For a contract to be enforceable (binding in law) – the following elements are required:

     Offer
     Acceptance
     Intention to create legal relations
     Consideration

    Offer/Proposal

     Section 2(a) Contracts Act 1950 – for a contract to be legally binding, there must be an
    offer from one party and must be accepted by another party
     Offer – is a definite promise to be bound. Can be made to one person, class of person or
    to society at large (Carlill v Carbolic Smoke Ball Co).

    1
    LEGAL STUDIES (LAW 66004)
    INTORUDCTION TO LAW (LAW 63704)

     The Defendant in the abovementioned case of Carlill argued that an offer cannot be
    made to the world at large, the Defendant did not accept the “offer” and there was no
    intention to create a binding contract – were these arguments accepted?
     An offer may be oral, in writing or can be inferred by conduct.
     An offer must be lawful, clear and certain.
     An offer must be communicated to the person to whom it is made - section 4 Contracts
    Act 1950.
     Statements, which are not offers – invitation to treat i.e. advertisements, job offer,
    display of goods in a shop window, invitation to tender.
     Termination of an offer – rejection of the offer, counter proposal, lapse of time, failure to
    fulfill condition precedents.

    Note:
    To resolve some of the conflicts that may arise in relation to contracts which involve
    parties from different countries (i.e. one form the common law jurisdiction and one from
    the civil law jurisdiction) or who have their place of business in different countries –
    special rules are contained in the Vienna Convention

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