FIRST ELEMENT

Definition/ Section Cases

Proposal =S.2 (a): when one person

signifies his willingness to another
person to do anything or abstain for
doing anything.

Acceptance = S.2 (b): when the
person signifies his assent to the
proposer.
S.2 (c):* the person making the
proposal: promisor
Affin Credit (M) Sdn. Bhd. V. Yap
Yuen Fui
Held:The agreement is void ab initio
for lack of offer and acceptance

*the person accepting the proposal:

promisee

S.2 (e): Every promise and every set

of promise forming consideration.

S.2 (g): Agreement not enforceable

by law is void.

S.2 (h): Agreement must enforceable

by law.

S.3: A proposer must communicate

his proposal to intended promisee.

a) Communication Williams v Carwardine

R v Clarke
S.4 (1): Communication of a proposal Gibbons v Proctor
is complete when it comes to the Fitch & Anor v Snedakar
knowledge of promisee.

S.4 (2)(a): Communication of an

acceptance is complete as against
proposer when it is posted/put in a
course of transmission.

S.4 (2)(b): Communication of an

acceptance is complete as against
acceptor when it comes to the
knowledge of the proposer.

S.4 (3) (a): Communication of

revocation is complete as against Byrne & Co. v Leon Van Tienhoven &
proposer when it is posted/put in a Co.
course of transmission.

S.4 (3) (b): Communication of

revocation is complete as against
acceptor when it comes to the
knowledge of the proposer.

b) Particular person/ general public Carlill v Carbolic Smoke Ball Co.

Boulton v Jones
c) Revocation

S.5: A proposal may be revoked at

any time before the communication of
acceptance is complete as against
proposer

S.5(2): An acceptance may be

revoked at any time before
communication of the acceptance is
complete as against acceptor.

S.6: There are 4 methods of

revocation by lapse of time, by notice
of revocation, by failure to fulfil the
condition precedent, by death or
mental disorder

S.6(a): A proposer may be revoked Banque Parobas v Citibank NA

his proposal by communication of Routledge v Grant
notice of revocation.

S.6 (b): A proposal end by lapse of

time. A proposal stated to last for a
period of time cannot be accepted
after that time.

S.6 (c): A proposal revoked by failure PYM V Campbell

of the acceptor to fulfil the condition Financing Ltd v Stimson
precedent to acceptance.

S.6 (d): A proposal revoked by death

or mental disorder of proposer, if the Dickinson v Dodds
fact of his death comes to the
knowledge of acceptor b4
acceptance.
S.7 (a): An acceptance must be
absolute and unqualified.
S.7(b): An acceptance must
expressed in reasonable manner.
S.8: Performance of a proposal is an
acceptance of the proposal
1) Goods on display
2) Auctions
3) Advertisement
4) Supply of information
5) Antecedent Communication
S.9: Express: made in words
Implied: otherwise than words
Silent
Instantaneous means of
communication
Lee Seng Heng v The Guardian
Assurance Co. Ltd
Counter offer:
Diamond Peak Sdn. Bhd v RD
Tweedle
Carlill v Carbolic Smoke Ball Co.
Pharmaceutical Society of Great
Britain v Boots Cash Chemists
( Southern) Ltd
Fisher v Bell
M & J Frozen Food Sdn Bhd & Anor v
Siland Sdn. Bhd. & Anor
Payne v Cave
Harris v Nickerson
Coelho v The Public Services
Commission
Partridge v Crittenden
Harvey v Facey
Abdul Rashid Abdul Majid v Island
Golf and Properties Sdn. Bhd.
Excemption
Thornton v Shoe Lane Parking Ltd
Clarke v Earl of Dunraven
Taylor v Allon
Felthouse v Bindley
Fraser v Everett
Entores Ltd v Miles Far East Corp