Acceptance must be within reasonable time
An offer must be accepted within the time limit specified by the offeror. If there is no
prescribed time limit, the offer shall be accepted within a reasonable time limit or before
its termination. A reasonable time is not legally defined or it depends entirely on the
circumstances of the time, the circumstances, and the usual norms.
Application:
As we discuss about the rules of acceptance, we can tell that the Kelvin cannot
considered as a valid acceptance. This is due to the reason that acceptance must be
communicated. Kelvin must be communicated to Juinnie which mean Kelvin need to
clearly let Juinnie know his willingness to purchase the new mobile. If Kelvin did not
communicate with Juinnie is mere ' mental acceptance ' was insufficient, there must be
a physical acceptance involved. Apart from that, acceptance must be in the prescribed
manner, which means the people who are involved in the contract must be follow the
condition.As the case mentioned, Kelvin need to made up his mind within three days,
but what Kelvin did was, he didn't give any response to Juinnie within three days. In the
reason of that, Juinnie hear no more responses from Kelvin, so Juinnie sold the new
mobile to another person. Furthermore, acceptance must be within reasonable time
In this case, there is a reasonable time for within three days. Therefore, Kelvin must
give some respond or purchase the new mobile within three days to Juinnie.
Silence
The state of a silent or a silent person. Mere silence shall not be regarded as consent to
a contract unless the silent person is obliged in good faith to explain himself, in which
case it is consent. But if a person does not know his rights, does not know what he is
doing, does not know that his silence is voluntary, then his silence cannot be inferred.
When Kelvin failing to reply to the offer to Juinnie is not acceptance therefore Kelvin is
not considered as a valid acceptance. It was held that there was no contract between
Juinnie and Kelvin. There had not been an acceptance of the offer due to the silence did
not amount to acceptance and an obligation cannot be imposed by another. Any
acceptance of an offer must be communicated clearly. Mere, 'mental acceptance' was
insufficient, it must be a physical acceptance. In this case, Kelvin did not reply to Juinnie
for any willingness to purchase the new mobile. Therefore, Juinnie has the right to sell
off the new mobile after the reasonable time that have been set by this case.
(c) Juinnie worked as a sales assistant in Tesco supermarket. Due to her
outstanding performance at work, the company had decided to sell her the latest
Iphone 11 Pro Max at the price of RM1, 000.00 in recognising her hard work. The
actual price of the phone is RM5,000.00. Discuss whether there is a valid
consideration. (15 marks)
Issue:
Whether there is a valid consideration.
