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 .
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PaTriCKliM
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