Marina is the managing director of Crest
Dynamics Sdn Bhd. She works late one evening wanting to clinch a deal with her
counterpart, Michelle in a company known as vision Plc in Vietnam.
At 3.00 pm (Malaysian time) on 13.07.2014
they finally agreed to the terms and also agreed to Malaysian Law as the basis
of their contract.
Marina sends her offer by fax at 4pm
(Malaysian time) on the same day. As part of their arrangements they have
agreed that Vision Plc have two days to think the deal through, but that after
this time the contract must be completed. The following morning at 8.00 am
(Malaysian time) Marina has a change of heart and faxes a revocation of the
Vision Plc. Her secretary, Ramlah, tells that she hopes that the fax is now
working properly and Marina tries to telephone the revocation through. She
could not get through to Vision Plc but left a message with the security
officer.
At 10.00am (Malaysian time) the following
day, Vision Plc sent a letter to Crest Dynamics Sdn Bhd accepting the offer,
and at 2pm the same day Marina finally gets through to Vision Plc and revokes
the offer.
You are required to advise:
a)
Marina as to whether there is a
binding contract between Crest Dynamics Sdn Bhd and Vision Plc and
b)
Would the answer be different
if Marina had left the message with Michelle’s secretary rather than with the
security officer?
You are require to answer with reference to
Malaysian Law of Contract and you can make assumptions when answering the
question.
