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ASSIGNMENT BRIEF 1
COMMON LAW 1
CASE STUDY 1
I was walking around SOGO Shopping Complex to do some window shopping last Sunday. I saw
an advertisement in a furniture shop called Comfortable Furniture Sdn Bhd which read “BEST
BUYS, FOR TODAY ONLY”. I immediately went into the shop to check out the furnitures and
the prices too. In fact, I always to purchase a set of dining table for my new home which I will be
moving in soon.
There I was approached by a salesman who introduced himself as Nathan, who manage to
convince me to purchase an exclusive dining set. The dining set had the price label of RM1,200-
00. I bargain to RM1,000-00 and Nathan agreed without much hesitation. I felt it was good
bargain for a 6 seater dining. As I did not have much money then, I told him that I would pay him
a deposit of RM100-00 immediately in order to place my booking for the dining set. However, he
refused and said I shall only pay when I collect the set because it is not the company's policy to
accept deposits before concluding a sale. I told him that I would definitely come in two days time
to collect the dining set and make full payment then. In return, he promised to keep the ding set
for me and he immediately placed a notice on that dining set “SOLD”. As I was very busy with
my work, I only managed to go the shop a week later. To my annoyance, the salesman told me
that he already sold the said dining set to one Mr Ron for a better price. I was very upset with him
because he did not keep up to the promise. I reminded him that we had a contract and he replied
arrogantly it was only a mere bargain and that the counter offer was not accepted by the
management. He also said that there was no written agreement nor any deposit paid. I went home
with great disappointment. I intend to sue the shop for breach of contract. Please advice me on
following:
i) What are the various types of business agreement that are commonly entered by the
contracting parties. Also state briefly the significance of key elements of contract need
for the formation of a valid binding contract between two or more parties on the above
scenario.
RAMESH MS. NG SIEW
FENG
28 APRIL 2009 18MAY 2009
INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE
ii) In the given scenario, define the term 'offer' and 'acceptance' and what are the rules relating to
it. Also discuss the impact of new technology in the above case study.
i) Define the term 'intention to create legal relations' and what are the significance of the rules
relating to it. Also define the term 'consideration' and describe the rules of the consideration that
must be provided by the parties to the contract in the above situation.
ii)Define the term 'capacity' to contract and explain the significance why contracting parties
basically require legal capacity to enter into a legally binding contract on the given situation.
CASE STUDY 2
John an insurance agent for the last 5 years wanted to visit his friend Ramu to discuss an
insurance proposal. He managed to park his new car Kelisa at the Easy Car park Sdn Bhd. While
having a cup of tea he managed to explain all terms and conditions in the insurance proposal form
and convinced Ramu to take an insurance policy.
After the appointment, when he return to the car park where he was shocked to see his car being
knocked by some unknown vehicle. He was very annoyed and approached the car park attendant
for clarification. The car park attendant told him to read his car park ticket and the notice board
which reads, 'The management shall not be liable for any damage to the car parked in the car
park'. He argued that the exclusion clause is not clearly worded. He wants to sue the car park for
breach of contract.
ii) Also apply and analyze the law on standard form contract.
ASSESSMENT CRITERIA
Students who fail to submit their work on time or fail to gain a pass grade will be given a referral
grade.
GRADING CRITERIA
Grade Descriptor Pre- Evidence to meet requirements.
Requisite
To obtain a Meet all the • Able to fulfill or complete task
Pass requirements correctly.
defined in the
assessment
criteria
To obtain a M2: Select/design Pass • Select and apply appropriate
Merit and apply strategies with regard to the different
appropriate type of business agreements and the
methods/ appropriate essential elements in the
Techniques formation of a valid contract in
particular with reference to offer and
acceptance in the given scenario
considering any impact of new
technology.
• Select and apply the appropriate
method with regard to the intension of
the parties to create legal relations and
the legal capacity of the parties to enter
into a contact.
• Select and apply the appropriate
specific terms with reference to their
importance and impact of these terms
are broken and finally analyze the law
on standard form contracts.