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Question 1
Answer
Identification of Issues
When does the contract between Ken and Star Supermarket come into existence?
Explain that display of goods in supermarket shelves amounts to ITT with relevant cases:
State when the contract takes place on the facts of the question i.e. who makes the ITT, who
makes the offer and when the contract is concluded
Concluding Advice
Question 2
Answer
Identification of Issues
Legal Principles s6(d) CA 1950 states that a proposal is revoked by the death or
mental disorder of the proposer, if the fact of his death or mental disorder comes
to the knowledge of the acceptor before acceptance
Application of the legal principles Applying s6(d) CA 1950, Ron had knowledge
of Sonys death before acceptance thus there is no contract between Sony and
Ron because the proposal is deemed to be terminated
Concluding Advice
No contract
Question 3
Answer
Identification of Issues
Concluding Advice
No contract
Question 4
Answer
Identification of Issues
Concluding Advice
No contract
Question 5
In Dec 1999, Johny borrowed RM10,000 from Tony.
Johny promised to repay the loan within a month.
However, Johny did not repay the loan and Tony
went overseas for further studies. He returned to
Malaysia last month and demanded repayment from
Johny. He refuses to pay. Advise Tony if he could
sue Johny to recover the loan.
Would it make any difference to your answer, if when
Tony demanded repayment, Johny told him that he
would pay the loan the very next day but never kept
his word?
(10 marks)
Answer
Issue
Wht Tony can claim the money?
Law
S26 GR
A creditor cannot recover the loan back if he did not sue the
debtor within 6 yrs from the date of the accrual of cause of action
(s6 Limitation Act)
S26 (c) Exception
Application of law
Based on the fact of the case, the debt was statute barred as
Tony did not sue Johny within 6yrs
Question 6
Mr. Lim enters Smartshop Supermarket and
selects some canned food, soap, shampoo,
eggs, vegetables and fish. He puts these items
into his shopping trolley.
Has a contract been made between Smartshop
Supermarket and Mr. Lim at this juncture?
Give reasons for your answer
Q&A