LAW40303 Business Law

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

LAW40303 Business Law

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

LAW40303 Business Law

0 Download4 Pages / 841 Words

Course Code: LAW40303
University: Taylor’s University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Malaysia

Individual Assignment  
Emily bought ‘Zap-Clean’, a new brand of stain remover. Emily had seen an advertisement by the manufacturer, Kleencare Sdn Bhd, which stated: ‘Zap-Clean will remove all ink stains. GUARANTEED TO WORK. RM 500 will be paid to you if Zap-Clean fails to work’. 
Emily used Zap-Clean according to instructions but it did not remove the ink stains from her blouse. 
Advise Emily whether she has a legal claim to the RM500 from Kleencare Sdn Bhd. Advise Emily in the light of the elements of invitation to treat, offer, acceptance and intention to create legal relation.
Support your answer with relevant cases, as well as sections of the Contracts Act, 1950, if any.

A complete agreement is reached whenever the offeree accepts the offer made by the offeror. There a difference between an invitation to treat and an offer but at sometimes, an invitation to treat can amount to an offer. In explaining this rationale, this paper will a case scenario of Emily who bought ‘Zap-Clean through an advertisement placed by the manufacturer, which stated: ‘Zap-Clean will remove all ink stains. GUARANTEED TO WORK. RM 500 will be paid to you if Zap-Clean fails to work’.
Rule of law
In Malaysia contract law, an offer is referred to as a proposal. In (Contracts Act, 1950)section  2(b), a contract is reached only after there have been an acceptance of the proposal. The general rule is that an agreement is formed only after when an offer is accepted by the offeree, and this offer must have definite terms, consideration, and intention to be legally bound. An advertisement is held as an invitation to treat. An invitation to treat is usually held as an inducement to invite the other party to come and make the offer (Stone and Devenney, 2017, p. 37). However, the common law holds any invitation that clearly states the terms, consideration, and intention to be legally bound as a complete offer.
In the law of contract, advertisements are supposed to be treated as a mere invitation to come and make an offer but they are not to be construed as an offer. However, advertisements which clearly provides definite terms of acceptance such as the price, or intention to be legally bound may be interpreted as an offer especially in unilateral contracts. This rationale is provided in section 2(a) of the contract law where the law states that when one party demonstrates to the other its willingness to perform or abstain from performing anything with the intention of gaining the assent of the other party, such statement would be interpreted as an offer (Contracts Act, 1950).
In  (Eckhardt Marine GMBH v Sheriff, High Court of Malaya, Seremban & Ors, 1974), the court found that the letter made by the appellant was an offer instead of an invitation to treat. In this case, the appellant’s letter was a response from the defendant’s advertisement, but the defendant had acted upon the letter that was provided by the appellant. The ruling followed the common law principles of unilateral and bilateral contract. The principle was explained in the case of (Partridge v. Crittenden, 1968) where the conviction of the defendant had resulted from an advertisement of a sale of bramble finches. The two reasons why an invitation to treat in a bilateral contract cannot amount to an offer is because the invitation leaves room for further bargain. Secondly, the offeror needs to ensure that the offeree can afford to raise enough money for the price before contracting. Additionally, the case of (Grainger & Son v. Gough, 1896) provided that advertisements in bilateral contracts cannot create an offer since it would have meant that the defendant would have been obliged to provide unlimited quantities of wine whenever anyone from anywhere accepted the order. The case of Emily and Zap clean manufactures would not fit as these two situations as it is a unilateral contract.
The advertisements in unilateral contracts where they provide the price, intention to be bound, and consideration are regarded as offers instead of invitations to treat. An example of such a ruling was held in (Carlill v. Carbolic Smoke Ball Company, 1892). In this case, the defendant advertised a device claiming that it was effective in preventing someone from contracting influenza. The defendant had gone ahead to state that there was to be an award to anyone who contracted the flu having used the device. However, the claimant contracted the flu yet she had used the device in the right way. The court estopped the defendant from asserting that the advertisement was an invitation to treat.
The similar situation applies to the case of Emily and the Zap Clean company. This was unilateral offer. There was an intention to be bound by the promise as the Zap Clean manufacturers had provided a guarantee that there would be a reward in case the device failed. There was also a consideration of RM 500 which shows that the defendant was indeed providing an offer, and the terms were clear that there was no indication of a requirement for further negotiation. The situation cannot be termed as a bilateral contract since the offer is made to the entire world. Therefore, any person from anywhere can accept the offer.
The action by Emily would succeed. The Zap Clean company made a unilateral offer where all the terms are clear, and the intention to be bound was also clear.
Carlill v. Carbolic Smoke Ball Company (1892) EWCA Civ.
Contracts Act (1950).
Eckhardt Marine GMBH v Sheriff, High Court of Malaya, Seremban & Ors (1974) 2 MLJ 114.
Grainger & Son v. Gough (1896) AC.
Partridge v. Crittenden (1968) WLR 1.
Stone, R. and Devenney, J. (2017) The Modern Law of Contract. Taylor & Francis.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 4 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2020). Business Law. Retrieved from https://myassignmenthelp.com/free-samples/law40303-business-law/rule-and-application.html.

“Business Law.” My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/law40303-business-law/rule-and-application.html.

My Assignment Help (2020) Business Law [Online]. Available from: https://myassignmenthelp.com/free-samples/law40303-business-law/rule-and-application.html[Accessed 19 December 2021].

My Assignment Help. ‘Business Law’ (My Assignment Help, 2020) accessed 19 December 2021.

My Assignment Help. Business Law [Internet]. My Assignment Help. 2020 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/law40303-business-law/rule-and-application.html.

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



Getting nightmare regarding pending chemistry assignment? Then it is high time you consider hiring chemistry assignment help service of MyAssigemnthelp.com. We at MyAssignmenthelp.com deliver quality subject specific assistance on more than 100+ subjects. For us, students’ need is foremost, and we work round the clock to offer science, humanities and commerce assignment help. Among Commerce wing, our one of the most popular services is capital budgeting assignment help. In science segment, we have gained popularity with biology assignment help.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

11174 Introduction To Management

Free Samples 11174 Introduction To Management .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} 11174 Introduction

Read More »