Identification of issues
This question raises the following issues:
1. Is there breach of contract between Sg Long Nature’s Club and Azim?
2. Can Azim get the 500 cc motorcycle from Sg Long Nature’s Club without 500 cc motorcycle’s driving license?
Explanation of the laws
Proposal is made when one person is willing to do something with a view to obtain the assent of the other. Invitation to treat is a communication that passed at the negotiation stage to receive offers. It is differ from offer or proposal. The example of invitation to treat is advertisements. Advertisements can also be considered as offers in some specific cases. However, it usually is an invitation to treat. ...view middle of the document...
The court held that the advertisement was an offer to the world at large and those who were willing to use the product as instructed had then accepted the offer. Acceptance need not be communicated to the defendants. The defendants had in fact deposited 1000 pounds into a bank account for any claims to show the intention to be legally bound.
Acceptance of proposal is an offer to be accepted by one person with free consent. A person that makes a proposal is regarded as promisor while promisee is a person that accept proposal. Consideration is something that received by a party in return for something by another party. There are three types of considerations which are executory, executed and past consideration. Firstly, executory consideration is a promise to perform acts which will be exchanged by both parties in the future. Secondly, executed consideration means that something is given by a party to another party who has been performed his or her act. The last consideration is past consideration which is the act was done before the contract formed. Breach of contract occurs when a party refuses to perform his promise or has disability to perform.
Application of the laws
Sg Long Nature’s Club makes an offer through advertisement to public. This means that everyone can take part in this race. This advertisement is not for specific person only. Therefore, it is a unilateral offer. It has clearly mentioned that the first person who reaches the summit of Bukit Sg Long will be given a brand new...