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Biggers Isn't Always Better

In: Business and Management

Submitted By danial9190
Words 2522
Pages 11
THE BEST DEAL

Issues

As mentioned in the case study, Usop decided to sell his car by parking it outside with a notice stating “ For Sale. One Owner. Best Price RM 8 750. Please call at number 34 Jln Semarak 2, Kuala Lumpur or telephone 03-8251178.” In this case, first and foremost we need to identify this is an invitation to treat or an offer or proposal. An offer should be contrasted with an option and an advertisement. According to Section 2(a), Usop has made an offer or proposal to sell his car with a price RM 8 750 and he provided enough details for an offeree to reach him.

The first person who see the advertisement is Sarah. On Monday morning, Sarah called Usop and offer RM8000 to buy the car instead of RM 8 750, the price offer by Usop. However, Usop neither agree or disagree to the offer. Then later, Usop decided to sell his car to Sarah by posting a letter of agreement, however when he read Betty’s notice, he decided to withdraw his proposal to Sarah. The issue arise here, either the acceptance is complete or not? Whether an agreement between Sarah and Usop is properly formed and either Usop can revoke the acceptance once he posted the letter of agreement? If the acceptance is complete and an agreement is formed, there is no question of revocation.

On the other hand, the issues between Betty and Usop is regarding the communication of acceptance.Whether the communication of the proposal is completed or not between Betty and Usop and when the communication is completed between them?. As we see in case of The Best Deal, the communication of acceptance by Betty is complete, however, it is questionable when the completion of the acceptance of communication take place either at 11.00 a.m. when Betty left message or at 4.30 p.m when Usop get the message from Betty that showed by Fatimah. Is there is valid contract between Betty and Usop? In situation between…...

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