Moreover, merely giving information is not an offer. For example of Harvey v Facey (1893) case, P telegraphed D – “Will you sell us Bumber Hall Pen? Telegraph lowest cash price. ” D replied, “Lowest cash price ? 900. ” P purported to accept the offer. The court held that price information is merely information. There was no offer to accept. Khalil had given clear information that he want to buy Siti’s painting with the price RM 5, 000, the offer is exist. But Siti said she will think about it. Two weeks after she made her mind that she want to sell the painting to Khalid for RM7,000 not Rm 5,000.
This is a counter offer not acceptance. Counter offer had be defined in S6(c) Contracts Act 1950 as “by the failure of the acceptor to fulfill a condition precedent to acceptance. ” Siti as the offeree makes a count offer revokes the original offer which made by Khalil. Counter offer had also defined in S7(a) Contracts Act 1950 in order to convert a proposal into a promise that acceptance it must “be absolute and unqualified”. It does refer to the case of Hyde v Wrench (1840), D made an offer to sell his house for ? 1000.
P purposely accepted at ? 950 but D refused, P accepted the original offer of ? 1000. The court held that counter offer terminated the original offer. There was nothing to accept. Furthermore, acceptance had be define in S2(b) Contracts Act 1950 as “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise”. Thus the original offerror whose offer has been terminated by the offeree’s counter offer can accept or reject the offeree’s counter offer.
Khalid said that the price Siti offered was too high and he did not want the painting, means that this is a rejection by Khalid. One week later, Khalid received bonus from his employer. After he got the money to pay so and he immediately contact Siti that he will pay the RM7,000 for “Hawa”. This is a new counter offer from Khalid. According to S2(a) Contracts Act 1950 “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 is said to make a proposal”.
But Siti has refused to sell the painting to Khalid with the price RM7, 000; she then said that for the price of her painting has gone up to RM10, 000. This is can counter offer. Conclusion There is no valid contract between Khalil and Siti. The moment that Siti sell her panting for RM 7,000, Khalil had refuse and reject the offer. When he wanted to buy the painting with RM 7, 000, Siti had gone up the price of her painting as RM 10, 000. For the whole “trade” there is no acceptance exists. There is just exist offer, couter offer and revocation. A contact without acceptance is void, therefor; there is no contract between them.
