Agreement may not be necessary

Agreement may not be necessary Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Agreement may not be necessary Every contract is an agreement but agreement may not necessary to be considered as contracts if the agreement does not made in lawful way. A binding contract consists of these four essentials which consist, an offer s.2(a) CA1950, an acceptance s.2(b) CA 1950, consideration s.2(d) CA1950, as well as intention to create legal relations (Adams 2010). On the other hand, (Ayus, 2009,page 197) defined an offer as â€Å"an ‘intimation’, by words or conduct, of a willingness to enter into a legally binding contract, and which in its terms expressly or impliedly indicates that it is to become binding on the offeror as soon as it has been accepted by an act, forbearance or return promise on the person to whom it is addressed†. However, based on the opinion given by Duxbury (1991), an acceptance may be defined as an unconditional assent, which communicated by the offeree to the offeror, to all terms of the offer, made with the intention of ac cepting. It should be noted here that a contract will not be binding unless the parties have expressed themselves with reasonable certainty. 1.0 Issue The issue of this question is about a sale of car for RM30, 000 that advertised in the local newspaper by Ah Chong, whether or not he has a contract with any of the three parties. This question is regarding offer and acceptance whereby offeror signifies his willingness to do something or not to do, with a view to obtaining the consent given from the offeree. 2.0 Law S.2(a) CA1950 defined offeror/proposal as stated in appendix. In unilateral contracts, the party who offers something to offeree/acceptor may not necessary to be an offeror, but an offeree which is stated in s.2(b) CA1950. A contract binds between offeror and offeree by completing communication of proposal, acceptance, and revocation that stated in s.4(1), s.4(2), and s.4(3) of CA1950 respectively. According to s.4(1) CA1950, it stated that: â€Å"the communication of a p roposal is complete when it comes to the knowledge of offeree†. In other word, proposal is effective upon its communication has been communicated to the offeree. When offeree reply his/her acceptance (by email, by post, by hand) to the offeror, there is an official contract exists between the both parties – s.4(2)(b) CA1950. In postal rule, the moment offeree posted his/her acceptance letter into postbox, the contract binds offeror provided that the letter has been placed into the hand of the relevant postal authorities – s.4(2)(a) CA1950. Acceptance must be made within a reasonable time embodied in s.6(b) CA1950. On the other hand, in situation whereby offeree posted an acceptance, it must be certain and fixed based on the condition given by the offeror since the offer contained the element of consideration [s.2(d) CA1950] by offeror and shall not be in the midst of negotiating or bargaining s.7(a) CA1950. Hence, a purported acceptance that is different from the stipulated in the offer would not be an acceptance in law and may end up to a counter-offer. (Nabi Baksh & Arujunan 2005)