**DISCLAIMER ALERT** Business law tutorial/assignments

1. 1
N. Syafiqah Husin
1. a) Explain whether Farhanah can be successful in claiming her job from
Kayangan Sdn Bhd?
b) What happens if she had posted a letter on 17th May 2015 about 8am?
Farhanah was offered a job at Kayangan Sdn Bhd after she attended the interview. She
also indicated that she will accept the offer. However for her to accept the offer she must reply
Kayangan’s letter dated 12th May 2015 but she received on 14th May 2015. In order for her to
bind a contract with Kayangan Sdn Bhd and be successful in claiming her job is to follow
Kayangan’s requirement. The requirement stats that she must send a letter of reply indicated
that she accept Kayangan’s offer and also it must be via postal services. Not only that she must
also send the reply letter in writing and it should reach the office on Friday or within five days
from the date of offer. This is because Kayangan Sdn Bhd business hour are from Monday to
Friday starting 8.30 am till 4.30 pm and Saturday 8.30 am till 12.30pm.
When Kayangan asked Farhanah for the job is an indication of an offer. The intention
that it will become binding upon acceptance by Farhanah. Theoretically, a contract is already
binding because it already has an offer and acceptance. However Kayangan also indicates that
in order for Farhanah to accept their offer they will send a formal offer letter to her on the
outcome of the interview. So in order for Farhanah to accept the offer she must send an
acceptance letter. However upon reply she was ill and ask her friend to notify Kayangan. To
her knowledge, her friend telephoned Kayangan to tell them that Farhanah accept the offer.
Unfortunately Kayangan was closed and the call was sent to voicemail.
Farhanah was not satisfied when she heard that the job was not given to her because
she felt so unfair. The formal offer letter only reach to her on 14th May 2015 and she was told
that she was given 5 days to reply the offer letter. So the duration of offer should be from 14th
– 19th May 2015. Kayangan should accept her acceptance because her friend already called
Kayangan via telephone on 17th May 2015. Kayangan Personel should check the voicemail
first thing in the morning that Monday. If Kayangan doesn’t accept the method of
communication as it was already stated in Kayanagan requirement, Kayangan should also state
the only method of communication was through postal only. This is because Farhanah felt
cheated when Kayangan Personnel checked all the mail and immediately telephoned another
interviewee. It is not fair for Farhanah because she can be crossed by the person who is using
faster method of communication. Not only that, other interviewee could bypass Farhanah in
term of sending the letter. Meaning to say, if the other interviewee send out the letter before
Farhanah, he/she will be the one for the job.
Another reason in which Farhanah felt so unfair is because she was instructed to send
the letter and it should reach Kayangan office on Friday. With the limited time, the letter should
reach on Friday assuming that she send the letter right after she received it which is on
Wednesday, 14th May 2015. This is because it took 2 days for the letter to be processed and
send out respectively, so Farhanah’s letter will be delivered and should reach the Kayangan
office by Friday and maybe in the afternoon assuming that there is nothing happened in the
postal services.

2. 2
N. Syafiqah Husin
Kayangan have the rights to revoke the offer. This is because during the interview they
clearly indicates that the offer are made as soon as they sent out the letter and Farhanah safely
receive the letter. Postal rule states that the letter must be correctly addressed stamped and
posted and therefore as soon as the letter are sent out, an offer will be formed on 12th May
2015. In that offer letter, Farhanah was clearly instructed to reply the offer within 5 days in
writing. But Farhanah did not follow the instructions because she was ill and instruct her friend
to tell Kayangan Personnel Department. It was Farhanah’s fault not to tell her friend that she
should reply Farhanah’s acceptance in writing not through phone. This is because the postal
rule only applies to telegrams but no other method i.e. telephone, fax or telex [Entores V Miles
Far East Corp (1995)]
In Farhanah’s defend, she was so ill to write a letter and she immediately ask her friend
to telephone Kayangan Personnel. Even though Kayangan clearly states the method of
acceptance but she can reply by return post which means that phone call should be acceptable
since she has a valid reason [Yates Building Co Ltd v RJ Pulleyen & Sons (York) Ltd (1975)].
If Farhanah had posted a letter on 17th May 2015 at 8am, the job should be hers. In her
defend, she meet the requirement of postal rule. Assuming that she clearly addressed, stamp
and posted correctly she still have the rights for the job due to the offer is still valid. In
Farhanah’s point of view the duration of offer was made on 14th May up till 17th May.
Kayangan should receive Farhanah’s letter in 2 days after she posted it which will be on
Monday, 19th May 2015 and again assuming there is no delay in the postal services. So the job
should be hers as she meet all the requirement.
But Kayangan has different view. Kayangan made an offer to Farhanah stating 12th May
2015 till 16th May 2015. So even though Farhanah sent out her letter on 17th May 2015, her
acceptance will no longer valid. Meaning to say that the offer lapses. [Ramsgate Victoria Hotel
Co V Montefiore (1866)]. So, the personnel can choose other interviewee instead of Farhanah.
In conclusion, Farhanah only be successful in claiming her job at Kayangan Sdn Bhd
if she send out the letter right after she receive the offer letter. In addition to that, if she had
send out the letter on 17th May, the offer lapses already and she will not get the job.

3. 3
N. Syafiqah Husin
2. Would it be possible for farhanah to purchase the motocyle at the stated price as per
initial request even after JJ's death?
Farhanah receive a request from JJ whether she would buy his motorcycle for $1000.
JJ’s act was an invitation to treat for Farhanah [Fisher v Bell (1960)]. This is because his
request considered an advertisement due to he specifically asked Farhanah whether she would
his motorcycle. Farhanah could easily makes the offer, which may be accepted or rejected.
[Partridge v Crittenden 1968)].
So, Farhanah immediately send an email expressing her interest to purchase the
motorcycle because the market price for that motorcycle is very expensive. In other words
Farhanah was offering JJ and indicate that she would purchase the motorcycle. However, she
still not received a reply from JJ after a week had passed. So she went to see JJ and she found
out that JJ had died shortly after talking to her in Bukit Shahbandar. Moreover JJ’s wife change
the price of the motorcycle as the quoted price was too cheap.
Farhanah felt so unfair because she already send an email to JJ expressing her interest
to purchase the motorcycle for $1000. The acceptance is valid if it is implied, expressed or
written. So the contract between JJ and Farhanah considered a valid contract. Assuming that
she had talk to JJ about Farhanah’s offer during his hike at Bukit Shahbandar, the contract will
be bind already because not only Farhanah send an email of offer, she also talk about it on the
phone with JJ. She was using an instantaneous method of acceptance for the offer and JJ
receives the acceptance. So there will be no case for his wife to counter offer after JJ’s death.
And therefore, she could purchase the motorcycle at $1000 as per initial request.
Another assumption will be when Farhanah didn’t talk about the sale of JJ’s motorcycle
but only casual talk before he died. This indicates that Farhanah was not notified about the
death of JJ. The offer still standing and acceptance can be carried out by JJ’s next of kin which
this case will be his wife. But JJ’s wife made counter offer by increasing the price due to the
quoted price was too cheap. So the Farhanah’s offer is no longer valid [Hyde V Wrench (1840)].
Moreover JJ’s wife has the right to make a counter offer because she is also quite aware of the
sale of her late husband’s motorcycle. Not only that, JJ’s request was only an invitation to treat
and Lilly has the right to refuse to sell at the advertised price.
In Farhanah’s defend, Lilly act to increase the price of the motorcycle was wrong
because if she felt that price was too cheap why not discuss to her husband before make the
request? Farhanah felt cheated as she was already made the offer even though she knew that
the offer may be rejected.
In other situation when JJ’s request was not considered as an invitation to treat but an
offer. If JJ’s request was an offer so Farhanah’s email expressing her interest to purchase the
motorcycle will be an acceptance thus the contract was made between them. One week passed
and she did not receive anything from JJ and she went to his address showed in the notice.
Then she found out that JJ had died after they had small talk during his hike at Bukit
Shahbandar.

4. 4
N. Syafiqah Husin
Assuming that the talk was about the sale of JJ’s motorcycle like when and where to
make the payment. The contract was already sealed tight and his wife, Lilly cannot make a
counter offer by increasing the price of the motorcycle because the contract was valid unless
JJ indicate otherwise.
Another assumption will be when Farhanah didn’t talk about her interest to purchase
JJ’s motorcycle but only casual talk before he died. This indicates that Farhanah was not
notified about the death of JJ. Still, the acceptance was valid. However, the offer also survive
and can be carried out by JJ’s next of kin in this case will be his wife. But JJ’s wife made
counter offer by increasing the price due to the quoted price was too cheap. So the initial offer
is no longer valid and Farhanah’s acceptance will also be terminated [Hyde V Wrench (1840)].
Moreover JJ’s wife has the right to make a counter offer because she is also quite aware of the
sale of her late husband’s motorcycle.
In Farhanah’s defend, Lilly act to increase the price of the motorcycle was wrong
because if she felt that price was too cheap why not discuss to her husband before make the
request? Farhanah felt cheated as she was already accept the offer made by JJ before he died.
But in Lilly’s defend, she has the right to change the price because the offer are no longer valid.
Moreover, Lilly also has the right not to sell the motorcycle. This is because JJ does not state
the condition of the agreement.
In conclusion, it is not possible for Farhanah to purchase the motorcycle as per initial
request because it was an invitation to treat only and it definitely not considered as an offer.
Not only that, Lilly has the right to accept or reject Farhanah’s offer as she acted as the next of
kin. But it the request was an offer and therefore Farhanah can purchase the motorcycle as per
initial request.