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The next day zul went to Shima’s house and informed her that he revoked his acceptance.
Zul’s letter arrived on 4.11.2004. Shima insisted that there was a valid contract between them.
Advise Zul .
Answer :
In the problem, there has been a proposal made by Shima, through a letter, to sell her
computer for RM2000.00. Proposal, according to Section 2(a) of the Contract Act 1950, is
said to be made when one person signifies to another his willingness to do something with a
view to obtaining the assent of that other to the act. For example, if A says to B that he wants
to sell his land to B, A is said to make a proposal because here A signifies his willingness to
sell his land in the hope of getting B’s assent to buy. Zul received the letter on 2nd November
2004. Zul has made the acceptance by posting a letter of acceptance at 3 p.m. on the same
day. According to the postal rule, Section 4(2) of the Contract Act 1950, the communication
of acceptance is complete as against the offeror when the letter of acceptance is posted. The
offeror is bound by the contract from the posting of the letter of acceptances. This is so
regardless of whether the letter reaches the offeror or not.
In the case of the Entores V Miles Far East Corporation (1955) 2Q.B. said that, ‘ when a
contract is made by post, it is clear law throughout the common law counties that acceptance
is complete as soon as the letter is put into the post box.
In this problem, since Zul had posted the letter of acceptance at 3 p.m on the same day, this
means that on this date, Zul is bound by the contract with Shima. Here, Zul revoking his offer
on the next day and informed Shima that he revoked his acceptance. Then shima receive the
letter of accaptance on 4 November 2004. Is the revocation of proposal effective?
In the case of Shima and Zul, Zul informed her that he revoked his acceptance as the letter of
acceptance of Zul was received afterwards, that is on 4 November 2004. Therefore, there is no
valid contract was concluded between Shima and Zul. As such, Zul is not bound by the
contract.