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  • Tutorial on Contract Formation for Smartphone Sale

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    Vincent offered to sell his smartphone for RM1500 on an advert website. Lee responded offering RM1200, which was a counteroffer rather than acceptance of Vincent's original offer. Vincent rejected Lee's counteroffer. Lee then offered RM1500, the original asking price, but Vincent did not reply, so no contract was formed as Vincent did not accept Lee's final offer. According to the legal principle of Hyde v Wrench, a counteroffer rejects the original offer and replaces it with a new offer, so Lee's agreement to the original terms did not revive Vincent's initial offer.

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    BL for Ryu Ga Waga Teki No Kurao

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    BL T3Q3

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    Vincent offered to sell his smartphone for RM1500 on an advert website. Lee responded offering RM1200, which was a counteroffer rather than acceptance of Vincent's original offer. Vincent rejected Lee's counteroffer. Lee then offered RM1500, the original asking price, but Vincent did not reply, so no contract was formed as Vincent did not accept Lee's final offer. According to the legal principle of Hyde v Wrench, a counteroffer rejects the original offer and replaces it with a new offer, so Lee's agreement to the original terms did not revive Vincent's initial offer.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    34 views10 pages

    Tutorial on Contract Formation for Smartphone Sale

    Uploaded by

    yjw9988
    Vincent offered to sell his smartphone for RM1500 on an advert website. Lee responded offering RM1200, which was a counteroffer rather than acceptance of Vincent's original offer. Vincent rejected Lee's counteroffer. Lee then offered RM1500, the original asking price, but Vincent did not reply, so no contract was formed as Vincent did not accept Lee's final offer. According to the legal principle of Hyde v Wrench, a counteroffer rejects the original offer and replaces it with a new offer, so Lee's agreement to the original terms did not revive Vincent's initial offer.

    Copyright:

    © All Rights Reserved
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    of 10

    TUTORIAL 3

    Business Law

    3) In an advert website, Vincent offered for sale of his


    latest smart phone for RM1,500. Lee knew that this was
    a real bargain as the particular smart phone is worth
    much more. Lee replied that he agrees to buy it for
    RM1200.
    Vincent answered, No way. Lee then stated that he
    will accept for RM1,500. Vincent did not reply to Lee.
    Advise Lee.

    Vincents original offer was for RM1500. But Lee agrees to


    buy for RM1200 not RM1500, so this is not acceptance but is
    a counter offer. Which mean he made a new offer to Vincent.
    Then, Vincent rejected Lees offer to buy at RM1200. After
    that, Lee agrees to buy at RM1500 so this will be a new offer
    to Vincent due to the original offer cannot be revived when
    rejected.
    Follow the fact that Vincent did not reply to Lee showed that
    he did not accept Lees
    latest offer.

    Principle of Law
    Hyde v Wrench
    Counter offer is not acceptance, it will reject
    original offer and replace with new offer.

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