After months of negotiation, on 1 November, Abu Bakar sent a letter to Badariah, offering to sell his house for RM100,000.00. The letter stated that Badariah should reply by return post. Unfortunately, Abu Bakar made an error in the address of the letter and it was not delivered to Badariah until 6 November. Badariah immediately accepted the offer by letter which was posted at 11am on 6 November. In the meantime, on 4 November, Abu Bakar had received an offer by phone from his cousin, Joyah who offered to buy the house for RM95,000.00. Abu Bakar, having heard nothing from Badariah, telephone Joyah on 5 November and offered her the house for RM105,000.00 which Joyah accepted.
Abu Bakar faxed to Badariah on 6 November telling her that the offer on 1 November was withdrawn. However, the fax which was received at 10.45am on 6 November was only read by Badariah at 5pm on the same day.
Advise Abu Bakar, Badariah and Joyah on their contractual rights.
(20 marks, 2006 Q4)
(20 marks, 2006 Q4)
No comments:
Post a Comment