Focus on my post and not on this ads!
Alright, let's do some topic regarding the Contract Law, although it's been near to a week after our paper.
The reason why I put up this picture serve a purpose, as we do know that for each agreement to be a contract and to make the contract enforceable, there are few steps and procedures to go through. And for advertisement, usually it is just an invitation to treat and while we think, they are offering to us what they have, we are wrong! We are offering to them what they have! As funny or ridiculous as it sounds, it actually makes sense in the law, especially in contract law!
Alright let's put a scenario in this post,
Uncle J: (walk into KFC, and look through the board) I want the Snack Plate!
Cashier L: Hi, one Snack Plate! What do you want for drinks Sir?
Uncle J: Pepsi will do!
Cashier L: Anything else Sir, you want to add? Cheesy Wedges? Coffee, Tea or ME? (just for joking purposes)
Uncle J: Nop, that will do!
Cashier L: Alright, that will be (the most current price) RM 10.65 Sir!
Uncle J: Okay!
A while later, while the attendants of the KFC is trying to bring the food for this uncle, the awaiting Uncle J quoted,
Uncle J: Boy, I want my meal EXACTLY like the picture in the board!
Thus, this leads to not confusion, some discussion!
First of all, the offer only start when Uncle J decided to purchase the food. Cashier L accepted and continued the process. A contract is made! With that, in acceptance wise, absolute as in the payment will be made in CASH, so no prob! And unqualified, that means one-time payment and no other things in between, true also! It is just merely that simple actually!
As we proceed further, BUT WHAT IF, Cashier L did not do as how Uncle J asked! That means he didn't serve him exactly like the pic, no drumstick, but two pieces of chicken breasts meat?
OR even, Uncle J is constantly not satisfied with the arrangement that the chicken is smaller than the picture and etc.? (trust me, this things, does OCCUR)
In regard to offer, Uncle J is the one offered to pay the price, and Cashier L main unqualified term is not just one time payment, but to fulfil the required as how the order should come in. In considering, the pieces or arrangement of the plate, it should not be an ISSUE because unless the statement was made earlier during the OFFER stage, whereby while offering, the terms are stated clearly, if not Cashier L arrangement are not deemed to be a problem! In a lawsuit, let's say they pursue this case (don't be surprise, same case happen in the TGV Cinema in KLCC last Saturday when I was there), point it out for me if I'm wrong, Cashier L will have the advantage as performing as accordingly, while Uncle J slip the offering stage further.
comments is very encouraged! thanks
Second going on Third
8 years ago
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