Business Law

Question 1

In paragraph one, On 2015 1st of October 2015, Adrian emailed Brandon offering to
sell him his limited edition collection model of ORB-01 Akatsuki Gundam for
RM300. So that, Adrian is the offeror and Brandon is the offeree. The person
making the proposal is called proposer and the other party being propose is called
proposer . In the form of contract that under Section 9 state that so far as the
proposal or acceptance of any promise is made in words, the promise is said to be
expressed. So far as the proposal or acceptance is made otherwise than in words, the
promise is said to be implied. So, Adrian offer is made by words so this promise is
expressed. Further, the offer is maintaining 7 days, it is from 1st of October until 12
noon on 8th of October. It is a bilateral offer, a bilateral offer is where the offer is
made to a particular person or group of persons. The identity of the offeror and the
identity of the offeree are known to the parties. The proposal must be communicated
to the Brandon. Adrian must make sure that his offer is communicated to Brandon.
Otherwise the offer is not complete. This is stated in Section 14 (1), the
communication of a proposal is complete when it comes to the knowledge of the
person to whom it is made but Brandon was not aware of the email message until 8am
on October 08, 2015, therefore the offer is still not complete at that time.
In paragraph two, until 8am 8th of October 2015, Brandon only realize he have an
offer e-mail massage. He telephoned Adrian but could not reach him. Therefore,
Brandon faxed Adrian asking for a price reduces of RM100. At this situation,
Brandon is the offeror and Adrian is the offeree. There is no acceptance between
them, because Adrian has not answers anything to Brandon yet. In Section 2(b) CA
states when the person to whom the proposal is made signifies his assent, the
proposal is said to be accepted, but Adrian was not answering yet. Further, it is a
counter offer, a counter offer is no acceptance. The effect is a counter offer is that it
rejects or destroys the original offer and replaces it with a new offer, this time, from
the other party who was offered originally. Which means Brandon was destroyed the
original offer from Adrian and replaces a new offer to Adrian that he offer Adrian with
the price of RM100 but acceptance is not complete because Adrians phone is out of
signal.

In this situation is same as Hydev Wrench (counter offer case). For example, 6 JuneD offered to sell his estate to P for $1000; 7 June- P replied that he will pay $950, here
P made a counter proposal. 8 June- D refused to accept Ps proposal; when D refused,
P wrote again this time agreeing to pay $1000- the original proposal.
In paragraph 3, after 1 an hour, Brandon does not receive any reply from Adrian, so
Brandon left a voice massage to Adrian by saying: Disregard faxed copy and accept
your offer of ORB-01 Akatsuki Gundam for RM300. As this situation Brandon is
the offeror and Adrian is the offeree but the offer is still not being acceptance
because Adrian does not give any reply to Brandon.
In paragraph 4, 10.30 a.m. on October 08, 2015, Adrian saw Brandons facsimile copy
and without delay Adrian was sold the ORB-01 Akatsuki Gundam to Chris who
agreed with the price of RM300, this mean Adrian already revoke his proposal with
Brandon. According to the law, revocation of proposal under s6(a) the rule is until a
proposal is accepted, no legal rights arise and the proposer is free to withdraw,
terminate or revoke his proposal by giving notice of the revocation to the other party.
This may found in Section 5(1) CA which stated a proposal may be revoked at any
time before the communication of its acceptance is complete as against the proposer
but not afterwards meaning the revocation of a proposal must be communicated to
the offeree before the acceptance of the offer. As the case above Brandon is already
accepted Adrian offer within the specific time given by Adrian but Adrian revoke
his proposal within the specific time without make any communication or approval of
Brandon. So the revocation is not valid.
Then in paragraph 5, at 11.45 a.m. on October 08, 2015, Adrian received Brandons
voicemail massage. So there are no acceptances at all in this case. Adrian was breach
the options of promise remains the offer open until 12 noon on October 08, 2015. An
option is merely an undertaking to keep the offer open for certain period of time in
return for a price. Therefore, Brandon can sue Adrian because were break the lapse of
time in Section 6 (B), where no time has been prescribed, by lapse of reasonable
time. This section deals with revocation by lapse of time in upon expiration of the
time prescribe in proposal. This related to keeping offer opened for a specified time
that the rule of an offer can be revoked at any time before acceptance applies even
though the offeror has stated that he will keep the offer open for a specified time and

this case related to case Routledge v Grant. Grant offered to buy Routledge horse
and gave him 6 weeks to decide whether to accept the offer. Before the 6 weeks had
lapsed, Grant withdrew his offer. It was held that in absence of Routledge having
accepted, Grant was entitled to revoke his offer. So that, Adrian was break the deal
because Brandon already accepted. In my point of view, Adrian can reject the offer if
he disagree with the reduced price but the case state that he did not tell Brandon at all
and he missed up Brandons voicemail message as saying Brandon accept the original
offer and he also sell out his ORB-01 Akatsuki Gundam to Chris within the specific
time given and without inform Brandon. So in conclusion, this case is valid and we
advise Brandon to sue Adrian.