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1. What is the difference between invitation to treat and offer? 2. Explain the statement acceptance must be absolute and unqualified. Question 3 Ali
1. What is the difference between invitation to treat and offer? 2. Explain the statement "acceptance must be absolute and unqualified." Question 3 Ali goes to the convenience store to buy a can of coke. Upon taking the can from the fridge he walks towards the cashier to pay but before paying he notices that there is a buy 1 free 1 offer on 100 plus and decides to change his mind. However, the cashier refuses to allow Ali to change his drink claiming that once the can is taken out of the fridge he is obligated to pay for the item. Advise Ali if he should be allowed to change his mind? Question 4 Inhale Vapour a pharmaceutical company had recently discovered a medication to reduce ear, nose, and throat problem when a person suffers from flu. To promote their product more effectively the company had put an advertisement in the newspaper to state "Use our inhaler to breathe fresh air even when you are having a bad flu. If you still suffer from a blocked nose, we will give you back your money. We prove our commitment by placing RM1, 000.00 in our customer account." After reading the advertisement, Mary had purchased the inhaler when she contracted a bad flu. After using the said inhaler, Mary's flu got worse which resulted in Mary having to be hospitalized. Mary now wishes to claim her money back from the pharmaceutical company. Would Mary be successful in her claim? Question 5 Kennedy advertised his car for sale for RM30,000 in a local newspaper on 3.7.2021. The next day, 4.7.2021, Bob inspected the car and later wrote to Kennedy enclosing a cheque for RM27,000 and saying that he would assume the car was his if he did not hear anything from Kennedy within 3 days. On 5.7.2021, Trump came to inspect the car and asked whether Kennedy would sell to him for RM 28,000. Kennedy said he was willing to sell at the price of RM28,500 provided Trump paid the full amount by cash. Kennedy added that Trump can have till the 8.7.2021 to decide and raise the money. Trump said ok and that he will be back with the money by then. On the 6.7.2021, Marcus came with RM28,000 in cash to tell Kennedy that he wanted to buy the car. Kennedy accepted the money from Marcus and allowed Marcus to drive away the car. Kennedy then called Trump to inform him that the car is no longer available for sale. Trump was furious and said that Kennedy had given him till the 8.7.2021 to decide. In fact, Trump said he already has RM28,500 cash to pay Kennedy immediately and demanded that the car be sold to him. Kennedy said it was too late as the car has already been paid for and taken by Marcus. Trump threatened to sue for breach of contract. Please advise Kennedy whether he has a legally enforceable contract in each of the scenarios and whether he is liable for breach of contract with any of the parties above.
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