How To Answer Problem Based Question
How To Answer Problem Based Question
How To Answer Problem Based Question
BASED QUESTION
QUESTION:
Semek has lost her Persian cat, CheTa. She advertised in a newspaper, Utusan
Borneo, a reward of RM8000 to anyone who found and returned Che Ta to her. Bonnita,
Semeks neighbor who was cleaning her backyard found a Persian cat up on her durian
tree. She knew that the cat belonged to Semek, so she returned it to her. Bonnita only
knew of the promised reward the next day after reading the advertisement in Utusan
Borneo.
Bonnita come to your office to solve this problem. You, as her lawyer, please advise her.
ANSWER:FORMULA (I+L+A+C)
(1) I= ISSUES
Whether the communication of proposal is complete between Semek and
Bonnita?
Whether Bonnita has right to claim the reward of RM8000 from Semek?
I = INTRODUCTION
Definition of offer: Statement or other indication made by the individual
which prepared to enter into a contract with another on certain terms.
Section 2(a) of CA 1950: when one person signifies to another his
willingness to do or abstain from doing anythinghe is said to make a
proposal.
Section 4(1) of CA 1950: A proposal is only complete when it comes to
the knowledge of the offeree.
(2) L = LAW + ILLUSTRATION + CASES
Unless there is communication of the proposal as suggested in Section
2(a) of CA 1950, when one person signifies to another his willingness to
do or abstain from doing anything there can be no acceptance to form
an agreement.
The communication of offer is complete only when the offer comes to the
knowledge of the offeree- Section 4(1) of CA 1950.
If the offer has not been communicated to the offeree, there is no
acceptance could be made to form a binding contract.
PREPARED BY: IKHWAN NAGUIB BIN JUSOH | FACULTY OF LAW | UITM SAMARAHAN
II
2015
PREPARED BY: IKHWAN NAGUIB BIN JUSOH | FACULTY OF LAW | UITM SAMARAHAN
II
2015