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Offer And Acceptance

2 Pages 391 Words


OFFER AND ACCEPTANCE
An offer can be defined as a definite promise to be bound provided that certain specified terms are accepted. The offeror must have completed his share in the formation of the contract by finally declaring his readiness to undertake an obligation upon certain conditions, leaving the offeree the option of accepting or refusal. Offer can also be seen as a promise by the offeror to do or to abstain from doing something; provided that the offeree will accept the offer and pay or promise to the price of the offer.
Acceptance on the other hand is an intention by the offeree to accept that offer. There must be an external manifest to assent, some words spoken or act done by the offeree or by his authorised agent which the law can regard as the communication of acceptance to the proposal. Acceptance can simply be defined as an act which completes the formation of the contract.
It must be noted that both offer and acceptance must be made in clear terms, and there must exist the conformity, and continuity of the offer and acceptance.
With more or less completeness of acceptance; that will suffice to preclude the party if the other requirements for an estoppel are satisfied
In the case of Preston Corp Sdn Bhd v Edward Leong & Ors, an offer is defined as an animation of willingness by an offeror to enter into a legally binding contract. Its terms either expressly or impliedly must indicate that it is to become binding on the offeror as soon as it has been accepted by the offeree.
In another case of Malaysian Flour Mills Bhd. V Saw Eng Chee & Anor
It was held by the High Court that as the acceptor had added new terms to his acceptance, the acceptance was not valid as it is merely amounted to a counter-offer.
From the case of Abdul Rashid Abdul Majid v Island Golf and Properties Sdn Bhd, the contract between the plaintiffs and the defendants was formed only when the plaintiff accepted the offer by making the ...

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