Question En Yusri wrote a letter to buy Pn Fazira’s Proton Ezora for RM 55000. In his letter, he also stated that “ If I hear no more about the MPV, I shall consider it mine at RM 55000”. Pn Fazira did not reply but she asked the second hand car dealer who was engaged to sell the car to set aside the car out of sale because she has told it to En Yusri. The second hand car dealer however erroneously sold the car to someone else. Advise whether En Yusri has a claim against Pn Fazira for the breach of contract. En Yusri make an offer to buy the car by wrote a letter to Pn Fazira.
However, Pn Fazira did not express her acceptance to En Yusri. The car has been sold to someone else. The problem here is whether En Yusri has a claim against Pn Fazira for the breach of contract. Definition of offer in Sec 2(b) is a proposal is made when 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 such act or abstinence. For example, Suraya signifies his willingness to sell her hand phone Siti for RM 500, with a view to obtain the assent if Siti.
Definition of acceptance in Sec 2(b) of Contract Act is 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. The person who is accepting the proposal is called the promisee. For example, Siti accept the offer from Suraya to buy the hand phone for RM 500. There are several requirements for the acceptance to be valid. In this case, second requirement is use. Second requirement of acceptance is the acceptance must be expressed in usual and reasonable manner.
Sec 7(b) of Contract Act state that the acceptance must be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If there is a mode of acceptance prescribed by the offeror, it must be followed by the offeree in order to make a valid acceptance. However the proposer cannot prescribe silence as a manner of acceptance. The example of case which is similar to this problem is the case of Felthouse v. Bindley. Felthouse offered by letter to buy his nephew’s horse and said “If I hear no more about him, I shall consider the horse is mine”.
His nephew did not give any answer, but asked Bindley, whi is the auctioneer to keep the horse out of the auction sale, as he intended to reserve for his uncle, Felthouse. However, Bindley had sold the horse by mistake. Felthouse sued Bindley, claiming that Bindley should not sell the horse to other person because there was already a contract between him and his nephew. So, there was no contract between Felthouse and his nephew because his nephew had never signified his acceptance to Felthouse about the offer before the auction sale took place. In this problem, En Yusri wanted to buy Pn Fazira’s Proton Ezora for RM 55000.
He made an offer by wrote a letter to Pn Fazira. Pn Fazira did not give any answer, but she asked the second hand car dealer to set aside the car out of sale to reserve it for En Yusri. En Yusri expected that Pn Fazira accept his offer. However, the car dealer was erroneously sold the car to someone else. En Yusri does not have a claim against Pn Fazira for breach of contract as there were no agreement between En Yusri and Pn Fazira. Pn Fazira did not signify her acceptance of the offer in usual and reasonable manner. As a conclusion, acceptance should be in usual a reasonable manner. Silence does not constitute acceptance