CASE STUDY BUSINESS LAW

NAME : NUR AMALINA BINTI MOHD SALEH

NURUL ZULAIKA NAJWA BINTI TAJUDDIN
SRI VANMATHI A/P GUNASAGERAN
SYAUQINA BALQIS BINTI KHAIRUDDIN
 QUESTION

On the 3rd February, Kenanga offered to buy some silverware

from Hassan. On the 6th February, Hassan sent his letter of
acceptance to Kenanga by post. Unfortunately, the letter was
delayed by Pos Malaysia. The acceptance reached Kenanga
on the 28th February. However, before that, Kenanga had
posted her letter of revocation on the 13th February and it
reached Hassan on the 18th February.
 ISSUES

Is the contract between Kenanga and Hassan

is valid?
 RELEVANT PROVISION

Acceptance Section(2) The communication of receipt is

complete- (a) against the proposer, when the
communication of the acceptance has been included in the
course of delivery to him, where it is outside the authority
of the recipient;
 SUPPORT CASE

Byrne v Van Tienhoven (1880) 5CPD334

Fact : Defendant at Cardiff and plaintiff at New York. Defendant

makes and offer to plaintiff on 1/10 and cancels the offer on 8/10.
Plaintiff accepts the offer from the defendant at 11/10. However,
the plaintiff received revocation letter from the defendant on
20/10

Held: In this case the revocation notice receive by the plaintiff on

20/10. However, the contract is already valid.
 CONCLUSION

The contract is valid because Hassan make an

acceptance of offer on 6th February and then
received the letter of revocation of offer on 18th
February.