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Questions and Answers
What principle was established in the case of Carlill v Carbolic Smoke Ball Co?
What principle was established in the case of Carlill v Carbolic Smoke Ball Co?
- Display of goods is an invitation to treat
- Formation of an agency relationship
- Unilateral contract principle (correct)
- Counteroffer cancels the original offer
Which of the following laws governs the rights and liabilities of contracting parties?
Which of the following laws governs the rights and liabilities of contracting parties?
- Sales of goods law
- Agency law
- Law of contract (correct)
- Law of torts
What does the principle of stare decisis entail?
What does the principle of stare decisis entail?
- Previous judicial decisions must be followed (correct)
- Courts can only make rulings based on written law
- Lower courts can ignore decisions made by higher courts
- Court decisions can be revisited at any time
In the context of agency law, which party is known as the principal?
In the context of agency law, which party is known as the principal?
Which case illustrates the concept that a counteroffer cancels the original offer?
Which case illustrates the concept that a counteroffer cancels the original offer?
What do express and implied warranties relate to in the sales of goods law?
What do express and implied warranties relate to in the sales of goods law?
What does the phrase 'invitation to treat' refer to?
What does the phrase 'invitation to treat' refer to?
In pharmaceutical sales, what is the consequence of displaying goods in a self-service store?
In pharmaceutical sales, what is the consequence of displaying goods in a self-service store?
Which principle was established in the case of Carlill v Carbolic Smoke Ball Co?
Which principle was established in the case of Carlill v Carbolic Smoke Ball Co?
Judicial precedents are primarily based on written laws, which are enshrined in statutes and legal codes.
Judicial precedents are primarily based on written laws, which are enshrined in statutes and legal codes.
What is the significance of the Young v Bristol Aeroplane Co Ltd case in the context of legal precedent?
What is the significance of the Young v Bristol Aeroplane Co Ltd case in the context of legal precedent?
The concept of ______ refers to a situation where a party displays goods, but it is not considered an offer to sell. Instead, it is considered an invitation for potential buyers to make an offer.
The concept of ______ refers to a situation where a party displays goods, but it is not considered an offer to sell. Instead, it is considered an invitation for potential buyers to make an offer.
Match the following case laws with their relevant legal concept:
Match the following case laws with their relevant legal concept:
Which of these are components of the formation of a contract?
Which of these are components of the formation of a contract?
The principle of stare decisis applies only in the context of contract law; it does not extend to other areas of law like torts.
The principle of stare decisis applies only in the context of contract law; it does not extend to other areas of law like torts.
Explain the difference between a counteroffer and acceptance.
Explain the difference between a counteroffer and acceptance.
Flashcards
Law of Contract
Law of Contract
The body of law governing agreements enforceable by law, including rules for formation and breaches.
Unilateral Contract
Unilateral Contract
A contract where one party makes a promise in exchange for an act by another party.
Doctrine of Stare Decisis
Doctrine of Stare Decisis
Legal principle ensuring that courts follow precedent established by higher courts.
Offer vs Invitation to Treat
Offer vs Invitation to Treat
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Formation of Contracts
Formation of Contracts
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Communication of Offers
Communication of Offers
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Civil Wrongs
Civil Wrongs
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Express Warranties
Express Warranties
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Sources of Contract Law
Sources of Contract Law
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Judicial Precedents
Judicial Precedents
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Offer
Offer
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Acceptance
Acceptance
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Legal Capacity
Legal Capacity
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Counteroffer
Counteroffer
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Tort Law
Tort Law
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Sales of Goods
Sales of Goods
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Study Notes
Introduction to the Subject
- Covers contract law, agency law, tort law, and sales of goods law.
Relevance to the Construction Industry
- Governs relationships between parties.
- Provides rights and liabilities of contracting parties.
- Remedies for contract breaches.
Law of Contract
Sources of Law
- Written laws (e.g., Contract Act 1950, Civil Law Act 1956).
- Unwritten laws (e.g., common law, case law, trade customs).
Judicial Precedents and Doctrine of Stare Decisis
- Higher courts bind lower courts.
- Young v Bristol Aeroplane Co Ltd [1944] principle applies
Formation of Contracts
- Offer
- Acceptance
- Consideration
- Legal Capacity
- Offer vs Invitation to Treat: Display of goods, advertisements, auctions, catalogues
- Communication and Revocation of Offers: Offers must be communicated and are revocable before acceptance.
- Postal Rule applies in some cases.
Law of Agency
- Formation of agency.
- Rights, duties, and liabilities of agents and principals.
Law of Torts
- Civil wrongs not covered by contract law.
- Covers negligence, nuisance, occupier's liability, trespass.
- Professional negligence in the construction industry
Sales of Goods
- Laws governing delivery, ownership transfer, and quality of goods.
- Express and implied warranties.
Contract Law Cases
- Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 (established unilateral contract).
- Young v Bristol Aeroplane Co Ltd [1944] 1 KB 718 (doctrine of stare decisis).
- Hendry v De Cruz [1949] 15 MLJ Supp 25.
- Gibson v Manchester City Council [1979] 1 All ER 972 (offer vs invitation to treat).
- Pharmaceutical Society v Boots Cash Chemists Ltd [1953] 1 QB 401(Self-service stores: Displaying goods is an invitation to treat).
- Hyde v Wrench [1840] 3 BEAV 344 (Counteroffer cancels original offer).
- Adams v Lindsell (1818) 1 B & Aid 681 (Postal Rule).
- Felthouse v Bindley (1862) 142 ER 1037 (Silence does not amount to acceptance).
Agency Law Cases
- Preston Corp. Sdn. Bhd. v. Edward Leong [1982] 2 MLJ 22
Tort Law Cases
- Donoghue v Stevenson [1932] AC 562 (established the negligence principle).
- United Malayan Banking Corporation Bhd v Pemungut Hasil Tanah, Kota Tinggi [1984] 2 MLJ 87
Sales of Goods Cases
- Chan Cheng Kum & Anor v Wah Tat Bank Ltd & Anor [1971] 1 MLRA 501
- Syarikat Batu Sinar Sdn Bhd v UMBC Finance Bhd [1990] 3 MLJ 468 (Importing English law into Malaysian commercial transactions)
Additional Points
- Macon Works & Trading Sdn Bhd v Phang Hon Chin & Anor [1976] 2 MLJ 177 (Offer lapses if no acceptance in reasonable time).
- Holwell Securities Ltd v Hughes [1974] 1 WLR 155 (Postal Rule does not apply if offer specifically requires notice in writing).
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