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1. ENG MAN LING
2. FOO SAY ZUN
3. HAMIZAHTUN BINTI ANTO
4. HAZIMAH BINTI HAYANI
5. IRSYAD MUSTAQIM BIN MUJAHID
6. LEE GUAN WEI

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1.  MARYAM BINTI OMAR
2. MOHD QAMIL HARITH BIN ZAIDI
3.  MOHD HAZEEQ AQASYAH BIN ZULKIFLI
4.  MOHAMAD HAIRUL DANI BIN LISMAWARDI
5. MUHAMAD AFIQ BIN MOKHTAR SANI

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-The offer was accepted unambiguously. Acceptance may be expressed through words, deeds or performance as called for in the contract. Generally, the acceptance must mirror the terms of the offer. If not, the acceptance is viewed as a rejection and counteroffer.

-If the contract involves a sale of goods (i.e. items that are movable) between merchants, then the acceptance does not have to mirror the terms of the offer for a valid contract to exist, unless:
(a) the terms of the acceptance significantly alter the original contract; or
(b) the offeror objects within a reasonable time.

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As mentioned in the  Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is claimed to be accepted. Thus the proposal when accepted becomes a promise.”

Therefore once a suggestion is accepted it can’t be revoked because it’s become a promise which creates a legal obligation between the parties.

Example Anita offers to shop for Priya’s car for Rs.10 lakhs and Priya accepts such a suggestion . Now, this became a promise.

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-Something of value was promised in exchange for the specified action or nonaction. This can take the form of a significant expenditure of money or effort, a promise to perform some service, an agreement not to do something, or reliance on the promise. Consideration is the value that induces the parties to enter into the contract.

-The existence of consideration distinguishes a contract from a gift. A gift is a voluntary and gratuitous transfer of property from one person to another, without something of value promised in return. Failure to follow through on a promise to make a gift is not enforceable as a breach of contract because there is no consideration for the promise.

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-It is essential to have this element in a contract.
-It is a necessity of the intention to create legal relations although the Contracts Act 1950 is silent on the intention to create legal relations as one of the requirements of a valid contract.
-This element would have an agreement which is not a contract in the strict sense unless it is the common intention of the parties that it should be legally enforceable. If there is no intention to create legal relations in a contract, the contract could be subject to a lawsuit.
-For example, when there is a contract or an agreement made between the parent and the children. If the parent passes away, the children would have whatever property or possession which is left by the parent.

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1. NUR AIN ATIRAH BINTI REJAB
2. NUR AMIRA BINTI MOHD FAZIL
3. NUR FARZANA FASIHAH BINTI MD SAAID
4. NUR ILMAN RIF'AD BIN SUHAIMI
5. NUR IZZATI BINTI MOHD ALIASHAK

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-Capacity in a contract is the parties to the contract must have the legal capacity to do so.
-18 years old is stated as the age of a major.
-Minors who are people below the age of eighteen have no capacity to enter into contracts. Therefore, insane people or people with unsound minds also cannot enter into any valid contracts.
-For example, a person who is at the age of sixteen years old could not stay at a hotel. The hotel staff would not allow having the person who is sixteen years old to stay at the hotel since that person is not eighteen years old or above. For the person to stay at the hotel, he or she must have a guardian who is above eighteen years old or a parent to accompany him or her to stay in the hotel.

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What Are the 3 Elements of a Valid Offer?

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What Are the 3 Elements of a Valid Offer?

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Communicated
The person making the offer (the offeror) must communicate his offer to a person who may then choose to accept or reject the offer (the offeree). Often, this is not a serious issue to analyze, as the offeror is free to communicate his offer in any means, whether orally (spoken offers) or in writing.

Committed
Whether the offeror is committed requires an analysis of whether the offeror, in his communication of the offer, intended to be bound by the offer. An intent to be bound may arise through course of conduct, such as explicitly stating “That is my final offer.” There may be a question as to whether the alleged offer is an actual offer or merely an invitation to receive offers. Auctions are a common example of invitations to receive offers, rather than a contractual offer in itself.

Definite Terms
All offers must be definite and specific in their terms. The essential terms of the deal, such as price, manner of acceptance and timing, must be stated. An example is “I offer you my grandfather’s antique watch for $200. You must tell me that you accept this offer in writing, and I must receive it before 2 p.m. on Tuesday, or I will offer it to my brother.”

Other Issues
If the offer contains the three necessary elements, once that offer is accepted a contract arises. Acceptance must also be analyzed, however, and acceptance requires some form of expression of agreement with the terms of the offer. If one element of a contract is missing (offer, acceptance or consideration), there is no contract. If there is no contract, there may not be a valid remedy if one party believes the other party has somehow caused him harm.

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1. Past Consideration
-Something wholly performed before the promise was made.
-Under the English Law past consideration is not a good consideration. However in Malaysia, Past Consideration is a good consideration.

2. Executed Consideration
-An act which has been done  to fulfill the contract

3. Executory Consideration
-An act or promise that will be done in future

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Past Consideration

-Something wholly performed before the promise was made.

- Under the English Law past consideration is not a good consideration. However in Malaysia, Past Consideration is a good consideration.

Executed Consideration

- An act which has been done to fulfill the contract.

Executory Consideration

- An act or promise that will be done in future.

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1. AMIRUL `ADIE SYAHMIE BIN ROSMIRA
2. AMIRUL ASHRAF BIN ABD GHANI
3. AREVIND A/L SALVARAJU
4. DEVAKARAN A/L RAKU
5.  ELIA HANI ZULAIKHA BINTI SHAHROL HISHAM
6. JOEL PRAVIN A/L PARAMASIVAM

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•When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.

•When it’s comes into existence after the offeree unconditionally accepts the offer. A proposal when accepted, become a promise.

•When 1 party introduces variations/conditions to the terms of the latest proposal, there is no acceptance. Such variations/conditions amount to a counter proposal/offer. No agreement.

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•The acceptance of that proposal must be absolute and unqualified by virtue of section 7(a).
–CASE : HYDE V. WRENCH [1840] 3 Beav. 344 ER 132

–The Def. offered to sell his estate to the Pl. on 6 Jun for 100 pound. On 8 June, in reply, the Pl. made a counter proposal to purchase at 950 pound. When the Def. refused to accept this offer on 27 June, the Pl. wrote again that he was prepared to pay the original sum demanded.

–The Court held that no contracted existed between them. The Pl. had rejected the original proposal on 8 June so that he was no longer capable of accepting it later.

•An acceptance must be made within a reasonable period under section 6(b).
•Acceptance must be expressed is some usual and reasonable manner, unless the proposer prescribe the manner in which it is to be accepted under section 7(b).

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•Acceptance is only effective when it has been communicated. It’s can be made by word or mouth, letter, telex, facsimile or recorded message.
•In England, the communication of acceptance is complete upon posting.

•In Malaysia the Contract Act stipulates different times when the communication of an acceptance is complete.

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Consideration is what distinguishes a bargain or contract from gift.

Section 26, the general rule in a contract is that an agreement without consideration is void.

Section 2(d) defined the word consideration is when at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstains from doing something, such act or abstinence or promise is called a consideration for the promise.

Something of value in the eyes of the law.

Price to be paid for the promise.

May consists of money, goods, promise, and suffering some detriment.

•Consideration must flow from the propose in respect of any promise.

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1. Past Consideration
–Something wholly performed before the promise was made.

–Under the English Law past consideration is not a good consideration. However, in Malaysia, Past Consideration is a good consideration.

2. Executed Consideration

–An act which has been done to fulfill the contract.

3. Executory Consideration
–An act or promise that will be done in future.

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1. NURULAIN BINTI NORMAN
2. NUR ZAFIRA ATIQA BINTI NORDIN
3. SHASHI KUMAR A/L THANKA KUMAR
4. SANJIVAN A/L KARUNAKARAN
5.SAFWAN AFFENDI BIN ALIAS
6. PHUN KAR CHUN

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1. First and foremost, please understand that all contract is an agreement but not all agreement is contract.

2. We want the intention to create legal relations which will change am agreement to contract.

3. Both parties must intend that the agreement is to be binding on them (i.e. they have agreed to bear the duties under the contract).

Example (Domestic Family Agreement)
–Case Balfour v. Balfour

•A married couple who live in Sri Lanka returned to England for a vacation. The husband later returned to work in Sri Lanka, but the wife stayed back in England on doctors advice. He promised her £30 a month until he returned. Later, he wrote to the wife saying that it would be better if they remained apart. The wife sued him on the promise to pay her £30 a month. The Court of Appeal held that the arrangements made between husband and wife was not a contract attended by legal consequences. The presumption that there was no intention to contract was not rebutted by the wife, Mrs. Balfour. Therefore, they were presumed to have no intention to contract.

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•When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.

•When it’s comes into existence after the offeree unconditionally accepts the offer. A proposal when accepted, become a promise.

•When 1 party introduces variations/conditions to the terms of the latest proposal, there is no acceptance. Such variations/conditions amount to a counter proposal/offer. No agreement.

•Sec. 2(b) Contract Act 1950 say that:

“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;”

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In its simplest form, intention to create legal relations means that the parties must intend to enter into a legally binding arrangement in which the rights and obligations of the agreement are enforceable.  As simple as this seems, the question as to whether the parties to a negotiation did intent to create legal relations is highly fact sensitive.  It is relatively certain that representatives of a business, meeting in a formal commercial scenario to negotiate a contract do intend to create legal relations. However, what about two people discussing a joint venture over a drink in a pub?