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One day , jaw saw a banner hanging in front of cassette outlet in alamanda which reads :"BIG SALE!, LATEST TOO PHAT"S ALBUM IS FOR GRAB WITH 50% DISCOUNT ! LIMITED STOCK !HURRY !"After reading it jaw immediately run into the outlet and said she want the album at the said discount price . unfortunately the shop owner said the cassette is now sold at normal price .Can jaw sue the shop owner for breach of contract ?
In this case Jaw cannot sue the shop owner for breach of contract . Section 2 (a) of the contracts Act 1950 states that when one person signifies to another , his willingness to do or to abstain from doing anything , with a view to obtaining the assent of that other to the act or abstinence , he said to make a proposal . An offer is different from an advertisement .
In majumder v. attorney -general of Sarawak , the federal court held that an advertisement in the news paper for the post of a doctor was an invitation to treat .
Therefore , applying the above principles , the advertisement by cassette outlet is not an offer to contract but is a mere invitation to treat .
In this case Jaw cannot sue the shop owner for breach of contract . Section 2 (a) of the contracts Act 1950 states that when one person signifies to another , his willingness to do or to abstain from doing anything , with a view to obtaining the assent of that other to the act or abstinence , he said to make a proposal . An offer is different from an advertisement .
In majumder v. attorney -general of Sarawak , the federal court held that an advertisement in the news paper for the post of a doctor was an invitation to treat .
Therefore , applying the above principles , the advertisement by cassette outlet is not an offer to contract but is a mere invitation to treat .
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Wei and Chong went supermarket one day to buy some glossary . In the supermarket Wei looked at the good which on display and decided to purchase 3 bottles face creams which were on offer . She took the bottles to counter and paid for it .As they leaving the supermarket , the cashier come up and told them they have to return the good . In this case whether a not Wei return the bottles to cashier ?
For my own opinion , Wei have the right not return the good to cashier. According to contract act 1950. In this situation the contract is binding . This legal principal is clearly illustrated in "pharmaceutical society of great britian Vs boots cash chemist Ltd " on the beginning , Wei looked at the good display on is only the invitation to treat , when Wei decided to buy the face cream . The contract is not yet make between Wei and cashier .This situation change when Wei took the bottles to counter and she paid for them, then only the contract is make .
In this case , cashier have no right to took back the face creams from Wei . In order for the face creams to get back from Wei , supermarket might offer Wei good compensation in order to get back face creams from Wei.
For my own opinion , Wei have the right not return the good to cashier. According to contract act 1950. In this situation the contract is binding . This legal principal is clearly illustrated in "pharmaceutical society of great britian Vs boots cash chemist Ltd " on the beginning , Wei looked at the good display on is only the invitation to treat , when Wei decided to buy the face cream . The contract is not yet make between Wei and cashier .This situation change when Wei took the bottles to counter and she paid for them, then only the contract is make .
In this case , cashier have no right to took back the face creams from Wei . In order for the face creams to get back from Wei , supermarket might offer Wei good compensation in order to get back face creams from Wei.
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Marital Rape means husband rape wife . Traditional it consider no legally possible for the husband to rape wife unless the "wife " is minor or under age . It believe that marriage is a consent to sexual intercourse and cannot be revoked by any party. So marriage license is simply call "license to RAPE " .In fact Marital Rape is not recognize in Malaysia Law . According Muslim , Quran say that wife duty is to submit to the husband sexual need and therefore no such thing as marital rape in Malaysia law .
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(Malaysian J Path01 2002; 24(1) : 9 - 14) Rape is dealt under section 375 of the malaysia penal code . According to this section , man its said commit to "rape " who have sexual intercourse with woman under the following circumstances:
- Against her will
- without her consent
- With her consent, when her consent has been
obtained by putting her in fear of death or
hurt to herself or any other person, or obtained
under a misconception of fact and the man
knows or has reason to believe that the consent
was given in consequence of such misconception. - With her consent, when the man knows that
he is not her husband, and her consent is
given because she believes that he is another
man to whom she is or believes herself to be
lawfully married or to whom she would
consent. - With her consent, when, at the time of giving
such consent, she is unable to understand the
nature and consequences of that to which she
gives consent. - With or without her consent, when she is
under sixteen years of age (statutory rap
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Many Malaysia doubt that ISA in is a necessary evil? whether a not ISA Malaysia Should be Abolish? The Internal Security Act 1960 (ISA) ( Akta Keselamatan Dalam Negeri) is a preventive detention law in force in Malaysia . This legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances.(source from Wikipedia) . ISA is apply not just in Malaysia but in many other foreign county and it work well.
Supposedly ISA is an act to protect country from terrorist attack ,but now ISA become a tool to solve political problem .Many people undertake by ISA are student, joneallist , news reporter , leader of opposition party but not terrorist. So STOP FOOLED that don't to repeal ISA because want to protect you and me .
Supposedly ISA is an act to protect country from terrorist attack ,but now ISA become a tool to solve political problem .Many people undertake by ISA are student, joneallist , news reporter , leader of opposition party but not terrorist. So STOP FOOLED that don't to repeal ISA because want to protect you and me .
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The word Caveat emptor is Latin word , it means buyer beware . This word warn the buyer to be aware of all the good because high change the product purchase are either defective or unsuitable to his or her needs. Especially apply to items that are not covered under a strict warranty.
The rule of Caveat emptor is specially designed to shield buyer due to the fact that there are immoral seller who like to misleading their customer about the quality or condition of a particular product.Overall ,it summarizes the concept that a purchaser must examine, judge, and test after purchase .
In the case that after the customer go through serous inspection for the good he or she buy before living the shop, but found after he or she reach the house .In this case company have the right not responsible to this defect due to the careless of the customer .