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Wednesday, July 16, 2008

The Case: N.Huda vs M.Zaini's Family

The issue here is whether M Zaini can be angry if the proposal is not accepted.

The law states that for a "contract" to be binding, 3 important requirements must be met. (i) Offer & Acceptance, (ii) Intention to Create Legal Relations and (iii) Considerations. The general rule is that an acceptance MUST BE communicated to the offeror. If the offeree merely writes down his/her acceptance on a piece of paper without informing the offeror, there is no contract.

Communication of the acceptance is said to take place only when the acceptance is received by the offeror. The law further states that An offeree who does nothing about an offer cannot be taken to have accepted the offer. The offeror maynot put a condition in his offer that silence shall constitute acceptance without the offeree's consent. Silence does not mean acceptance.

In applying the law, N.Huda did not communicate her acceptance to the offer made by M.Zaini's family. Thus, no binding "contract" has been formed.

In conclusion, M Zaini's family will not be able to take actions or be angry even if the proposal is not accepted. Things that are related to the future of N.Huda is up to her and her family to decide and no one else shall interfere by telling her what she should do (or who she should marry).

Case is closed.

Court is adjourned.





oh please, for once..
be a man.


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Huda J.
11 November.
Nanyang Poly - SBM.
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