SEMESTER FEBUARY

SESSION 2022/2023

APT2033 BUSINESS LAW

INDIVIDUAL ASSIGNMENT

Lecturer Name : MADAM NIK MALINI NIK MAHDI

Group : L2 / GROUP
Link Presentation :

NO MATRIX IC NUMBER PHONE

NO STUDENTS NAME NUMBER

1. NURIN ATIQAH HANIM BINTI TALHAH A20A1826 000906-06-0166 014-2905124

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TABLE OF CONTENT

Content Number page

Acknowledgment 3

Foreword (Copy of question) 4

1.0 Introduction 5

1.1 What is a Contract 5-6

2.0 Discussions 6-8

3.0 Conclusion 8

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 ACKNOWLEDGMENT

Assalamualaikum, I would like to acknowledge and give my warmest thanks to my

lecture Madam Nik Malini Nik Mahdi who made this work possible. Her guidance and advise
carried me through all the stages of writing my project especially for this subject code APT2033
Business Law. I would like to thanks Allah, for letting me through all the difficulties. I have
experienced your guidance day by day. You are the one who let me finish my project. I will
keep on trusting you my future.

I would also like to give special thanks to my family as whole for their continuous
support and understanding when undertaking my degree and writing my project. Your prayer
for me was what sustained me this far. Also, I would like to thank my committee and friends
for letting my defence be an enjoyable moment, and for your brilliant comment and
suggestions, thanks to you this degree life is bearable and enjoyable.

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 FOREWORD (A COPY OF QUESTION)

Anis messaged Zulhafiq on WhatsApp after visiting the land that houses Zulhafiq's
home and discovering a ghostly Kapok tree. Anis added that if I don't hear from you in the next
week, I'll assume the home is mine for RM 300,000—RM 50,000 less than your first offer
because I have to cut down the tree myself and drive the ghost away. After getting the
communication on Whatsapp, Zulhafiq chose not to respond and instead decided to sell it to
his close buddy Shamalah for a whopping price of RM450,000. Anis was furious when she
discovered the truth, and she could think of nothing better to do than to file a lawsuit against
Zulhafiq for breach of contract because, in her opinion, a contract had been formed when he
failed to object a week after receiving her message therein. Tell Anis if she would be successful
in suing Zulhafiq.

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1.0 INTRODUCTION
The exact meaning of law is up for discussion, but it is generally understood to be a
system of regulations that are made and enforced by social or political organisations to
control behaviour. It has been called both a science and the practise of justice in diverse
contexts. Statutes can be created by a group of legislators or a single lawmaker; the
administration can issue regulations and decrees; or courts can set precedent, mainly in
jurisdictions with common law. Private persons have the power to enact legally enforceable
agreements, such as arbitration clauses that substitute alternative dispute resolution
procedures for traditional court action. A constitution, whether written or implied, and the
rights enshrined within may have an impact on the laws while they are being made. In
conclusion, law is about the right and liabilities that people live in society.

According to Article 160 of the Federal Constitution, "Law" in the context of national
law in Malaysia includes written law, common law to the extent that it is in effect in the
Federation or any part of it, and any custom or custom that has legal standing in the
Federation or any part of it. The term "written law" refers to the Constitution as well as any
Constitution State. Malaysian law gives the parliament the authority to enact certain laws,
such as the Contract Act of 1950. The highest constitution in Malaysia is the federal one.
According to article 4 (1) of the Federal Constitution, "Any law passed after Independence
Day that is contrary to this Constitution shall be null and void to the extent that it is contrary.
This Constitution is the main law of the Federation.". This case study topic, in my opinion,
belongs under civil law rather than criminal law. This is thus because Anis and Zulhafiq
make promises to one another. This falls within the application of the Law of Contract of
1950, in addition to other frequent situations involving contract law, particularly offer and
acceptance.
1.1 What is a Contract
A contract is defined as an agreement between a promise and a legitimate responder.
Even if an agreement is represented legally by action, there must be common
understanding between the parties involved in the contract. A legitimate contract
must have a good, valid, possible consideration, which is the object being
negotiated, as well as the purpose that the subject develops commercially or for
profit. The Contract Act 1950, previously referred to as the Contract Ordinance
(Malay State) 1950, is the primary law in Malaysia governing contracts. This law
was updated in 1974, and Penang, Malacca, Sabah, and Sarawak were added to the

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 areas where it was enforced. His name was also changed to the Contract Act of 1950
this year.
2.0 DISCUSSION
In the event that Anis files a lawsuit against Zulhafiq for breach of contract since, in
her judgement, a contract had been created when he failed to protest a week after receiving
her communication therein, in order for Anis (Plaintiff) to successfully sue Zulhafiq
(Defendant). Through the assistance of her attorney, she must convince the judge that Anis
and Zulhafiq may have entered into a contract (Contract of Sale). A contract is defined as
"an agreement that can be enforced by law" under Section 2 Subsection (h) of the Contract
Act of 1950. If this contract or promise is legally enforceable, only then may the court hear
the argument and provide a decision.
The agreement or commitment is considered to constitute a contract in the scheme of
the law if this purpose is present. The parties enter into a contract when they acquire or sell
items. A legitimate agreement that is not unlawful will also be deemed to constitute a
contract. Therefore, if any of the other conditions is not satisfied, there may still be an
agreement but not a legally binding agreement. components of a legal contract Offer,
acceptance, consideration, intention to establish a legal relationship, the objective of the
contract should be lawful and enforceable by law, clarity, capacity, and formalities are
some requirements for a contract to be deemed valid. A contract must be legally binding in
order to truly generate an obligation.
This case study is all about making an offer and having it accepted. In the example at
hand, Zulhafiq made an offer to sell his property for RM350,000, and Anis accepted the
offer. The form of this offer is an oral one. Section 2 Subsection (a) of the Malaysian
Contract Act 1950 defines a one person signifies to another his willingness to do or to
abstain from doing anything, with a view to obtaining the assent of that other to the act or
abstinence, he is said to make a proposal. This shows a there is a good valid binding offer
at law. While for the second element which is acceptance in contract also has been make
by Anis in a form of oral acceptance. This demonstrates that there is a good valid, binding
acceptance at law in court.
However, Anis which is an Offerie after visit the property, she make a statement that
”if I don't hear from you in the next week, I'll assume the home is mine for RM 300,000—
RM 50,000 less than your first offer because I have to cut down the tree myself and drive
the ghost away.” This statement shows that Anis making an Offer to the Zulhafiq. This
offer is in the form of written message in application WhatsApp and made in a week before

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Zulhafiq sell his property to Shamalah. So, Anis is making an offer to buy Zulhafiq property
at RM300,000. This offer is a good a good valid binding offers at law and fulfill Section 2
Subsection (a) of the Malaysian Contract Act 1950. The time period of offer making is in
1 week after Anis visit the Zulhafiq’s property. This determine Anis already become the
offeror not an offerie. Based on this situation, Anis needs to understand that he is the
offeror, when he becomes the offeror, the offer made by him to Zulhafiq can be accepted
or rejected. Zulhafiq has the right to accept the offer or not without any coercion.
After 1 week, Zulhafiq received the WhatsApp text but did not reply. This conduct
shows that Zulhafiq do not make any acceptance. Zulhafiq the offerie are responsible to
make acceptance or no to the offer. Even if the Anis (Offeror) say that Zulhafiq already
make an acceptance by conduct which is silence, is not a good valid binding acceptance at
law. Based on Section 2 Subsection (b) of the Malaysian Contract Act 1950 defines when
the person to whom the proposal is made signifies his assent thereto, the proposal is said to
be accepted: a proposal, when accepted, becomes a promise. Also, Section 4
Communication, acceptance and revocation of proposals defines the communication of
proposals, the acceptance of proposals, and the revocation of proposals and acceptances,
respectively, are deemed to be made by any act or omission of the party proposing,
accepting, or revoking, by which he intends to communicate the proposal, acceptance, or
revocation, or which has the effect of communicating it. This shows the are that silence is
not a form of acceptance. Silence is uncertain, unclear and no communication making so
there is no valid binding possible contract at law all between both parties.
Silence is not an acceptance by a law. The fact that Zulhafiq did not respond to Anis'
WhatsApp message for a week after Anis made the offer indicates that Zulhafiq disregarded
Anis' proposal. Based on the past law cases in 1892, Case Felthouse (Plaintiff) vs Bindley
(Defendant). Briefly stated, Paul Felthouse brought a lawsuit against Bently for selling his
son John Felthouse's horse to a third party. Paul Felthouse lost the lawsuit in spite of that.
This is true since there was never a contract of sale between Paul and John Felthouse (the
common-law son) to begin with. Reason Paul Felthouse, the person who offered the offer,
did not get John Felthouse's acceptance. After making a proposal, Paul Felthouse states that
"if he hears no news from John, he thinks John's horse is sold to him." John Felthouse,
however, chose to remain silent instead of responding to his offer or acceptance.
This means that in certain circumstances, this is an offer rather than an acceptance. Paul
Felthouse has made a good, legally binding offer, but John Felthouse has not made a good,
legally binding acceptance. In order to establish a good legitimate enforceable contract at

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 law, the offer and acceptance must also be made clearly and effectively communicated
between the two parties. As a result, the court rules that Bently is the winner and Paul
Felthouse is the loser. These cases show that the silence is not an acceptance.

3.0 CONCLUSION
After all the study and discussion, the result for the Case of Anis vs Zulhafiq using the
same decision. Anis made an offer with a legal bond but Zulhafiq did not make any
acceptance and the acceptance was not clear and informed only silently given. therefore
with the assumption that if all the elements of the contract are fulfilled but the element of
the contract i.e. the acceptance is not fulfilled and also the offer and acceptance must be
clear in the delivery also not fulfilled then there is no valid contract that may occur in the
drafting of the law by Anis and Zulhafiq for the property. The silent is not the form of
acceptance so no acceptance making by Zulhafiq to the offer. As a result, the court rules
that Zulhafiq is the winner and Anis is the loser.