PROBLEMATIC QUESTIONS

TUTORIAL
Question 1

Mrs Mala enters Express Mall and selects some canned food, soap, shampoo,
eggs, vegetables and fish. She puts these items into her shopping trolley.

Has a contract been made between Express Mall and Mrs Mala at this juncture?
Give reasons for your answer.
(10 marks)
Question 2
Encik Nazri picks up a book from the display shelf with a price tag showing RM57.
When he took the book to the shopkeeper, the shopkeeper told him that the
book has already been sold, and it was the only copy left with them.

Advise Encik Nazri if he can sue the shopkeeper for not selling off the book to
him.
(10 marks)

Question 3
Salleh and his nephew had discussed the possible sale of the nephew’s land to
his uncle (Salleh). Salleh wrote an e-mail to his nephew offering to pay
RM 300,000 and saying: “If I hear nothing on Friday, I consider that you had
accepted my offer”.

His nephew did not reply the email and on Saturday, the nephew entered into a
contract to sell the land to someone else. Salleh heard about that matter from
Daud.

Advise Salleh whether he can take legal action against his nephew.

(10 marks)
QUESTION 1

 The contract has not been made yet between Express Mall and Mrs Mala because
contract complete only at the cashier desk when the payment has been made and not
only by putting the things in the basket.

QUESTION 2

 Encik Nazri (offeree) has the right to sue the shopkeeper (offeror) because the
shopkeeper had already displayed the book on the shelf with a price tag. Therefore, the
book was meant to be sell for customer.
 The shopkeeper does not inform Encik Nazri that the book has already been sold and
was left with an only copy. When Encik Nazri knew, the shopkeeper refused to sell the
book.
 Supposedly, the shopkeeper must tack back the book on the shelf because if he/she do
so it can be considered as an offer to the customer.

QUESTION 3

 Salleh (offeree) had sent an email to his nephew (offeror) offering to pay RM30000 for
his land with a term that if he had not heard anything before Friday, he has considered
the offer had accepted. The email was not replied by his nephew but the nephew had
decided to sold the land to others without agreement with him.
 So Salleh should take a legal action towards his nephew because he/she not follow the
agreement that him already set.
 Salleh can refer to the Contact Law 1950 has stated that “An acceptance may be
revoked at any time before the communications of its acceptance is complete as against
the acceptor, but not afterwards. In this case, his nephew found to be accepted the
proposal because he had already exceeded the day of agreement.”