Oct 30, 2007

Business Law Tutorial 3

Suggested Answers

1.An offer is defined in Section 2(a) of Contracts Act, 1950 as an undertaking by the offeror to be contractually bound in the event of a proper acceptance by the offeree. An offer must be clear, definite, and certain- White v. Bluett. According to Section 4(1) of Contracts Act, 1950 , an offer must be communicated- Taylor v. Laird. An invitation to treat is inviting the public to make an offer. Advertisement, display of goods, and self-service shops are examples of invitation to treat.

2.It depends on the intention of the parties when they enter into a contract- Majumder v. Attorney-General of Sarawak. Bilateral advertisement is not an offer but an invitation to treat-Harris v. Nickerson; unilateral advertisement is an offer-Carlill v. Carbolic Smoke Ball Co.

3.Offer, acceptances, intention to create legal relation, and consideration.

4.Counter-offer is making a new offer and it operates as a rejection of the original offer- Hyde v. Wrench.

5.According to Section 5(1) of Contracts Act, 1950, the offeror may withdraw his offer at anytime before acceptance. Under Section 6 of Contracts Act, 1950, the offeree can reject an offer –Hyde v. Wrench and also by lapse of time, where acceptance is not received within the time frame, or death, or failure of the acceptor to fulfill a condition.

6.Exceptions are: (a) where the offeror expressly or impliedly waives the requirement that an acceptance be communicated – eg unilateral contracts – Carlill v. Carbolic Smoke Ball Co.; (b) where the offeror is estopped from denying that the acceptance was communicated; (c) where the acceptance is communicated to the offeror’s agent; (d) where the postal rule applies: under Section 4(2) of Contracts Act, 1950, when a properly stamped and properly addressed letter of acceptance is posted into the mail box, it is deemed received by the offeror, and there is a contract between offeror and offeree, even though the mail is lost.

7.(b) When Fei Fei went into a pet shop with an advertisement, is this an offer or invitation to treat? An offer is defined in Section 2(a) of Contracts Act, 1950 as an undertaking by the offeror to be contractually bound in the event of a proper acceptance by the offeree. An invitation to treat is defined as inviting public to make an offer. Here, it is an invitation to treat because they are inviting whoever is interested to buy Dalmations to make an offer.

When Fei Fei went into the pet shop and request to buy the Dalmation for RM1000, she is making an offer. An offer must be clear, definite and certain – White v. Bluett. Here the offer is clear, definite and certain because it is the Dalmation breed which is identified and the amount is RM1000. The offer is bilateral because it is specifically made to the pet shop and therefore only the pet shop can accept or reject the offer – Boulton v. Jones.

According to Section 4(1) of the Contracts Act, 1950, an offer must be communicated –Taylor v. Laird. Here, the offer is communicated because she was told the Dalmation is RM2000. This means that the pet shop has heard the offer from Fei Fei.

Acceptance is defined in Section 2(b) of the Contracts Act, 1950 as unconditional and unqualified assent of the offeree to all the terms of the offer –Neale v. Merrett. Here, there is no acceptance because Fei Fei offer to buy the Dalmation dog for RM1000 was not accepted by the pet shop. Therefore there is no contract.


7(c) When Ali offered to sell Bubu his house for RM 2million, is it an offer or invitation to treat? An offer is defined in Section 2(a) of Contracts Act, 1950 As an undertaking by the offeror to be contractually bound in the event of a proper acceptance by the offeree. An invitation to treat is defined as inviting public to make an offer. In this case, it is an offer because it is made specifically to Bubu only and only Bubu can accept or reject.

An offer must be clear, definite and certain – White v. Bluett. Here the offer is clear, definite and certain because it is Ali’s house which is identified and the amount is RM 2million. The offer is bilateral because the offer is made specifically to Bubu only and therefore only Bubu can accept or reject the offer –Boulton v. Jones.

According to Section 4(1) of the Contracts Act, 1950, an offer must be communicated –Taylor v. Laird. Here, the offer is communicated because Bubu posted her acceptance letter. This means that she has received Ali’s letter of offer.

Acceptance is defined in Section 2(b) of the Contracts Act, 1950 as unconditional and unqualified assent of the offeree to all the terms of the offer –Neale v. Merrett. Here, there is acceptance because postal rules apply. Under Section 4(2)(a) of Contracts Act, 1950, once the letter of acceptance, with properly stamped and properly addressed, is posted into the mail box, there is a contract binding Ali and Bubu on 7 May 2000, even if the letter is lost. Under Section 4(2)(b) of Contracts Act,1950, offeree can withdraw his acceptance even the letter of acceptance has been posted, provided that the letter of acceptance has not been received by the offeror. However, it is not applicable in such situation.

According to Section 5(1) of Contracts Act,1950, the offeror may withdraw his offer at anytime before acceptance. Here, there is an acceptance, so Ali cannot withdraw his offer on 8 May 2000 because there is contract between Ali and Bubu on the 7 May 2000.

7(d) Display of goods in a dress shop is an offer or invitation to treat? An offer is defined in Section 2(a) of Contracts Act, 1950 as an undertaking by the offeror to be contractually bound in the event of a proper acceptance by the offeree. An invitation to treat is defined as inviting public to make an offer. In this case, it is an invitation to treat because the dress shop is inviting whoever is interested in buying their dresses to make an offer.

When Fran went to the cashier to buy the dress, she is making an offer. An offer must be clear, definite and certain – White v. Bluett. Here the offer is clear because the particular dress which is identified. It is a bilateral offer because the offer is made specifically to the dress shop and only the dress shop can accept or reject the offer- Boulton v. Jones.

According to Section 4(1) of the Contracts Act, 1950, an offer must be communicated –Taylor v. Laird. In this case, the offer is communicated because she was told the dress is reserved for somebody else.

Acceptance is defined in Section 2(b) of the Contracts Act, 1950 as unconditional and unqualified assent of the offeree to all the terms of the offer –Neale v. Merrett. Here, there is no acceptance because she was told the dress is reserved for somebody else. Therefore, the contract is not exist because the offer is not accepted.

This is my own version. There may be variation.

Oct 29, 2007

Fund Raising - Part II

Since you are told, and i expect you remember, that this fund raising was organised by both Fund Seekers and Fantastica.
But there is something more that you should have known.

Fund Seekers had something very special that initially we thought of abandoned the plan, which was the Fear Factor.

Here are shots taken on the day itself while the game was going on...

Contestants~~

Anxiously waiting of the start of the challenge...


Here we had DJ, haha...faizal, TT night Emcee Winner...teasing another two emcees, whom are Vin and Samson.

Hello girl, tasty??
haha...dumb-struck look...

The contestants were required to finish all the Food that we had prepared and the two who finished with the shortest time would eligible himself or herself to the next challenge...
Without me to tell ya...what else tasty food we had?
Well...do you want to know about the combination??
If i am not mistaken, i think we had green chillies, bittergourd, etc.
What was the next challege??

See?? here it is...Worms!~~~
We placed the worms in a container and the two winners from previous challenge were required to find the King of the worms....without looking at it...Again, the one who was the fastest won the challenge.
Without looking at it, you must have the guts to touch all the wormies...it is just so disgusting for me...Yucks!!

Forget about that!!
Comin up i had two videos...
Thanks to our Fund Seekers member, Shan Yi and his friends...
For attracting crowds to our store!!


Oct 28, 2007

Fund Raising 2007-Part I

Fund Raising 2007 was ended 2days ago...
Congratulation to all Fund Seekers for doing such a great job of making everything a success...
Love you all ya!!

I really appreciate the chance we had to let each and everyone to know more about others...
we shopped together, we did our experiments together, we dined together,
most importantly we tried our utmost best together!!

This is our 2007 brand new t-shirt for SWC

Front>>


Back>>>

SWC objective is to help students to maximise their welfare, in order to do so, we need to support unity in excellence~~

We did wear it the first two days of the fund raising...however due to the low quality printing of t shirts, we had to return our t shirt to the producers.
It looks ok but it does not.
It started to peel off as you wash it...

Here are some shots during the fund raising...
THis is part of our counter decoration, with the theme halloween...that explains why we had pumpkins and ghosts...

By the way, Kah Ang and Mey Yee really done a great job at decorating the counter...
they even had a sign board to let the students to sign but in the end, we are the one who sign them...haha...


Tata...this is my signature...haha...with a fish!!


As you can read, it is from John...his signature looks so similar with mine...haha
He even imitated my signature in the documents to school authorities...wakaka!!

HIs is the chairperson le...kai wan siao!! faster imitate his and go to the bank and get $$
haha...kidding!! he wont be so stupid to use real signature...i ASSUME


Here is leng lui Mey Yee...


Haha...acting cute!!


This is my grandpa...simon...wakak!!
bully him...never say NO!!

the week of fund raising was really hectic...
early in the mornings we had to wake up early and set up the counters for business...
we had ice cream, hobury drinks and ribena on sale...

haha...just love it!! especially when we can have free ice cream...wakak...shhh..that's a secret!!

Besides that, thank god we had the portable sales around the college to sell our stuffs...
if not, we cant even finish the consignment stocks...
Good job to HOng and Alan...
not forgetting our leng lui Mey yee and Kah Ang, whom from marketing course, and so skillful when comes to sales...SImon too..Gotta learn from them man!!

By the end of the week, friday, we even managed to close our stall around 1pm.
JUst because we had nothiggn to sell anymore...
that's a good sign!!
haha...That's the end of the fund raising!!

Cant wait to involve in SBS night in this coming december!!

Oct 24, 2007

C2C

HOw hard to upload pictures lately...
the window just can't help closing itself...delaying my effort to post this post to you all...
what has happened??
no idea...

Proudly showing off our Student Welfare Committee (SWC) name tags>>>

It is Ginger bread man!!wakak...together we form a big circle and help those needy students from their burdens!!
Feel free to drop by the SWC office above canteen two...if you have any enquiries.

Those tags are wore by us during the C2C promotions...
OUr uniform is black attire, and surely with the tags too...(Dont you think it seems unmatch??I do feel so)


These are the male presences in Fund Seeker team...From left: our Project Manager-Hong, Asst Project Manager-Alan, Kean Yip, Treasurer-Leslie, and SImon


A fresh face here...yeah right, who is she?? Ehem...she is the OO night 2007 Emcee, and she is Amanda...a pretty girl with a gifted feature

Acting cute...blek

Here we have myself, Mey Yee and Kah Ang

Aha..we have another male presence here too...he is the one stading with such a style..Michael!!
Aiyo..and another male here...who is the Mr Teh Tarik...mr albert Tea
All these were shot while waiting to interrupt the lectures...haha...we need to do it the right way too even though we meant to interrupt...
After interrupting many lectures all around the college, we can finally go back to the SWC room and had a rest...
This shot is most dramatical...
What do you think??
The scene as if Mey yee and Hong are so damn pissed off by Michael's ignorance of their presences. Mey Yee just cant wait to crunch him to pieces...wakaka!!
NIce shot anyway...whose shot??

Story time~~

we are having fund raising for the year 2007 this week
Organiser: SBS-SWC
HOwever we are basically divided into two teams and each of us have to work out to gain as much profit as we can. The team who managed to reap the most profit will be assigned important posts in the coming SBS night 2007, which is annually organised by SBS school.

Proud to be FUND SEEKERS!!
Yet, another team is named FANTASTICA.

I am second year of diploma in TAR college this year
but a junior in Student Welfare Committee or in short SWC

So basically what we found out is not many people know SWC do exist...what a pity!!
Well well...time for introduction!

SWC acts as a medium between students and the school authorities, in order to channel the problems faced by the students, including me, to the school and together, we will find the best solution to ease the students.
In short, if you face any problem regarding the college, feel free to drop by SWC room which is located at the same level with SAD (Student affair department)^^

Back to the fund raising...
Prior to the event, we had lots of meetings to discuss merely everything...
It had not been busy until the week before the fund raising, which was the second week of the Second semester
Many things had to be bought and promotions were to be carried out rigorously around the college...

We formed a group to carry out the C2C, or Course-to-Course promotion.
For the whole week before the event, we were walking around lecture halls and distributing our leaflets. not only that, all the decorations were to be finished etc etc

We even went out in a gang to shop!!
Shop what?? hmm...Those disposal cutleries...
Oh my!!that's the worst!!! luckily the plan still worked!

Why? why?
HAiyo!! all because of me...haiz!

At first they decided to go to tesco extra at Tmn Midah
HOwever after my insistence to go tesco extra selayang, i succeeded!!
together, 3 cars of FUND SEEKERS set off to shop!!

We had our dinner at Jln Ipoh, Sg.Mas
As we were dressed in all black for the C2C AT the same day, somehow people around us will think that we are gangster!! wakaka...
What was even funny was how we behave...
some dirty JOkes had started...only we understood what we were saying by the way..and some of them, especially Mey Yee and Kitty were the two who kept laughing non stop while feasting...haha...
We even threw ice to one and another...
The atmosphere was never better because everybody was enjoying it nevertheless. not offending at all!!
10 peoples overall just spent RM 35!! wakaka...how cheap la...

Well...we later set off to tesco extra selayang...
Parked our cars...and thinking where is the entrance...
Since we had no idea, we asked one of the men there, whom busily doing their construction.
Guess what??
Belum buka la!!
Haiyo!!!! Made me so paiseh la...

In the end how??
NO choice la...after disappointing them, after travelling so far, we resorted to go to tesco extra at Tmn. Midah...the traffic there will never be more jam than i had expected
We stopped at many petrol stations to catch up the others...
HOw many have we went, i really have no idea...

Thank Goodness it is open!!!
then we set out to shop. by that time it is around 9pm.
it was late, and yes i knew!!
Sorry man!!
without wasting any time, we managed to get what we want around 10pm.

Sorry, blame it on me!! For not making sure it is opened!! Sorry to all FUND SEEKERS who are along!

Oct 23, 2007

Apologise

Sorry for everyone here...These two weeks have been so hectic and restless
NO post will be made unless this week ends

for the coming weeks, i will be posting the latest event in my college
of which the fund raising
and also little things that i have been encountering these days...

Cya then!!

Oct 20, 2007

break time!!

Dua ekor hantu bertemu dan bercerita bagaimana mereka mati......

Hantu 1 : Bagaimana kau boleh mati?
Hantu 2 : Aku mati akibat kesejukan...

Hantu 1 : Macam mana rasanya mati dlm kesejukkan itu?
Hantu 2 : Sebenarnya aku terkurungdalam peti ais...mula2 aku cuma menggigil,lepas tu anggota aku mula membeku, kemudian aku rasa dunia aku gelap dan akhirnya.....tapi aku rasa bersyukur kerana aku mati tanpa banyak kesakitan....

Hantu 1 : Ishhh...kesiannya kau
Hantu 2 : Kau pulak, macam mana kau boleh mati....?

Hantu 1 : Aku kena serangan sakit jantung...
Hantu 2 : Oooo...cam mana kau boleh kena serangan sakit jantung?

Hantu 1 : Sebenarnya aku dapat tahu isteri aku curang. Suatu hari, aku balik ke rumah secara mengejut. Aku nampak ada kasut lelaki kat depan pintu. Aku tahu mesti isteri aku sedang bermesra dengan jantan lain.. Aku berlari masuk bilik tidur,cuma ada isteri aku...aku tahu mesti jantan tu bersembunyi kat mana2..aku lari masuk bilik air,tak de jugak, kemudian aku lari ke tingkat bawah, tengok dalam setor,pun tak ade...aku lari naik tingkat atas semula, tengok dalam almari.....sebab terlalu penat aku berlari la aku kena sakit jantung...memang sakit dan akhirnya....
Hantu 2 : Apasal kau tak tengok dalam peti ais...kalau tak, kita berdua masih hidup lagi sekarang ni....

Oct 16, 2007

Family Outing-Part IV

Here are shots in front of the animal show board...since we had no chance to see the show...we took our pleasure to take pictures and attempting to imitate our SWC(student welfare committee) top management poses

For your information, the SWC board has been updated with brand new pictures of the year..
you may see how john posed..and we imitated...wakak!!


Leng lui Mey Yee..haha...what a cunning look on her...


Add on actors: Mey Yee+Simon+Me
Again imitating top M poses...


Batmans!!!!wakak...did they have that last time when i was small??


Cows with nice horns...


Tiger pacing towards the water...


Birds....what is it called??
Here are giraffes~~and also ostrichs
Swan in the lake...So classic~

At last, the tour in the zoo ended...and we decided to take the truck..after such exhasting walk around the zoo...
Our next destination was then decided, which is times square..for movie and lunch...
Lunching at gasoline newly opened at times square...
Featuring Egypt Mummy...and culture
Soon after we filled out stomach, we went to play before our movie started...
The seeker!!
haha...conventional movie with magical elements...still i love harry potter the best!!
the books of harry potter far more outstanding than the movie!!
so read it!!

Oct 15, 2007

Family Outing-Part III

Continue from previous part...


Later on, we went to check whether there was any animal show...too bad timing...so we cannot watch it le...so sad...


Check this out>>>

Lobster?? why so small size geh??


Walk...walk..walk...then saw there is amfibia and reptilia corner..there we went.


What else is amfibia? sure is froggy lo...
I have many here...have a look anyway!



Katak dalam tempurung wo...


Tricky frog...hiding there...however the yellow colour seem so striking...how they manage to hide?? under leaves?



Haha...only this i have the introduction board.


Can you see anything??
Look closer if you dont...Someone sticking over there..


Aha..aha...this is another froggy look from salmon fish...Wonder how they link together??


The end of amfibia....
The beginning of reptilia...



At first i do not pay much attention of what is being displayed because it is not obvious..
Wakaka...but once you look closer..there are a total of 4 crocodiles in it...looking so wood-like!


Here comes another gruesome one...Laying lazily on the rock...Swt~~


How about other snakes?? They look so cute after being caged in but cant imagine how if they managed to crawl out??



Family of anaconda...



This one is nevertheless the most outstanding fellow...



Looks who's here??



And here??



Another active one...move none stop...

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