Fundamentals of Law

4805 words 20 pages
Table of Contents

Question 1 1 1.1 Introduction 2 1.2 Offer 2 1.3 Counter offer 4 1.4 Option contract 4 1.5 Acceptance 5 1.6 Postal Rule 5 Question 2:. 7 2.1 What is Judicial Precedent? 7 2.2 Hierarchy of Precedents 8 2.3 Limitations and Types of Judicial Precedent 9 2.4 Advantages and Disadvantages of Judicial Precedent 10 2.5 Contributions of Judicial Precedent 12 3.0 References 14

Question 1

On 13 September, Fiona, a newly qualified dentist, receives the following note from her uncle:
10 Park Street
71800 Negeri Sembilan

Dear Fiona
We talked some time ago about your buying some of my dental equipment when I retire from my practice at the end of this month. I am prepared to let you have everything for
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Ltd [2001] ), ticket cases (Chapelton v Barry UDC [1940]), and tenders (Spencer v Harding [1870]).
Based on the situation above, Fiona’s uncle has made an offer with Fiona. Her uncle wrote a letter on 13th September to Fiona, if she agree with his offer by having his dental equipment for RM15,000. The types of offer used by uncle is bilateral. This is an offer and not an invitation to treat because the uncle communicated to the offeree by expressly which is by writing a letter to Fiona ( formal writing), and Fiona’s uncle also has an legal intention or willingness to make an offer and contract with Fiona. Besides that the offer does not appear to be a contractual offer but which is actually inviting others to make an offer of their own whereby uncle sent a letter and expects for Fiona to either accept or rejects the offer not by making an offer to the uncle.
1.3 Counter offer
Later on, Fiona eagerly wanted to take advantage of her uncle’s offer but she is not sure if she can collect RM15,000 by September thus she called her uncle to find out whether she can have until after Christmas to pay. Here Fiona is trying to make a counter offer with her uncle. According to this situation there are few reasons that cause Fiona can sue her uncle and also can claim any compensation. Based on the situation, Fiona


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