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OFFER by Mind Map: OFFER

1. Section 2(a)

1.1. When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal.

2. Section 4(1)

2.1. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

3. Section 9

3.1. Proposal made in:

3.1.1. Expressed (Nyata)

3.1.1.1. Word (Written / Oral)

3.1.2. Implied (Tersirat)

3.1.2.1. By Conduct

4. Differences between ITT and Offer

4.1. ITT

4.1.1. Preliminary stage of contract

4.1.2. Do not have contract

4.1.3. e. g: Auctions, Advertisement of tenders, Catalogs, Price lists and Goods displayed

4.2. Offer

4.2.1. The elements of contract

4.2.2. Have contract

4.2.3. Section 2(c) Act 1950

5. Cases

5.1. Advertisements

5.1.1. PARTRIDGE vs CRITTENDEN

5.1.1.1. Facts: - Patridge advertised live wild birds for sale in a periodical bird magazine. - Patridge charged with offering live wild birds for sales

5.1.1.2. Issue: ITT @ Offer?

5.1.1.3. Held: - advertisement - ITT - case dismissed

5.2. Auctions

5.2.1. HARRISON vs NICKERSON

5.2.1.1. Facts: - Nickerson advertised an auction (office furniture) - Harrison saw the advertisement and traveled to the sale

5.2.1.2. Issue: Intention to hold the sale @ offer that was accepted by attending?

5.2.1.3. Held: - advertisement of the auction - ITT - no contract

5.3. Goods Displayed

5.3.1. PHARMACEUTICAL SOCIETY OF GREAT BRITAIN vs BOOTS CASH CHEMIST LTD

5.3.1.1. Facts: - BCC - self-service chemist shop - changed under the Pharmacy and Poisons Act 1933 > unlawful to sell certain poisons unless such sale was supervised by a registered pharmacist

5.3.1.2. Issue: basket @ at cashier desk?

5.3.1.3. Held: - Goods displayed - ITT - Proposal - made when customer puts articles in basket - Contract - made at cashier's desk - BCC not made an unlawful