TUTORIAL 1

1. Discuss critically the following cases:

(a) Tinn v Hoffman (1873)
(b) Hyde v Wrench (1840)
(c) Stevenson Jaques & Co v McLean (1879-80)


2. On 1.11.1996 Albab Sdn Bhd. sent a letter to Buntal Bhd. with whom they have been negotiating,
offering them a contract to service all Albabs birdseed processors each month for the next five
years at the cost of RM10,000 per annum. The letter said that Buntal should reply by return of
post. Unfortunately, the letter contained an error in the address and was not delivered to Buntal
until 6.11.1996. Buntal replied at once accepting. This letter was posted at 11 a.m. on 6.11.1996.
In the meantime, on 4.11.1996, Albab had received an offer from Cicak Bhd to do the servicing
work for RM9,000 per annum. Albab, having heard nothing from Buntal, telephoned Cicak on
5.11.1996 and offered them the contract for RM8,000. Cicak accepted. Albab sent a fax to Buntal
on 6.11.1996 telling them that the offer of 1.11.1996 was withdrawn. This fax was received on
Buntals fax machine at 10.45 a.m. on 6 November, but not read by anyone until 5 p.m. on the
same day.

Advise Albab, Buntal and Cicak.

Would your answer be the same if the mode of communication used is email instead of post and
fax.



3. Atan has decided to try and sell his car by parking it outside his house with a notice on the
windscreen stating For Sale. One owner. RM8,750 or near offer. Please call at number 34 or
telephone 8250078, only.

On Monday at 9.00 a.m. Ben sees the car, but as he is late for work he is unable to stop. He
telephones Atan from work and makes an offer of RM8,500 which Atan says he will consider.

Cun calls at Atans house on Monday at 11.00 a.m. but Fatin, Atans daughter, is the only person
there. He therefore leaves a note reading : Monday 11.05 a.m. Please keep car for me-here is a
cheque for RM8,750. Cun. Fatin leaves the note on Arnolds desk in his study.

On Monday afternoon, Atan decides to accept Bens offer and posts a letter at 2.30 p.m. to Bens
business address saying,I agree to sell on your terms. Because of the lower price can you pay in
cash?

At 4.30 p.m. on Monday, Atan reads Cuns acceptance and immediately telephones Bens
business address, leaving a message an the recorded answering service: Ignore the letter you will
receive-deal off. Atan. Ben is away on business and only listens to the tape on Wednesday
evening.

At 2.15 p.m. on Monday, Doris sees the notice and hurriedly posts a letter of acceptance and
cheque for RM8,750 in time for the 3.00 p.m. postal collection. Unfortunately, as Doris
misaddress her letter, it only arrives on Friday.

Advise each party as to their legal position.