Question 2

After five years of being married, Barney and Robyn are happy to announce that they are expecting a baby girl. They are planning to turn their empty room into a baby nursery. Robyn comes across Andorra Baby Sdn Bhd (after this referred to Andorra Baby), a company that specializes in selling baby furniture.

Robyn then sends an email to Andorra Baby stating that she would like to order the following;

1 "Aurora" pink baby cot together with a mattress

1 "Tots" soft pink sofa

1 "Stuva" changing table

1 "Bea" baby table

A representative from Andorra Baby, Lily, replies the email and states that the total price for all the items is RM5,000. Robyn is shocked by the price but is willing to splurge on her firstborn. She asks Lily if any discount is available. Lily replies and states that there is a 15% discount for members, subject to contract. Robyn is delighted and agrees to become a member. Lily then says that Andorra Baby will deliver the contract together with the baby furniture next month.

A month later, the furniture from Andorra Baby together with the contract arrives at Robyn's house. Looking at all the baby furniture, Robyn gets excited and immediately signs the contract without reading it and hands over the payment cheque to the Andorra Baby driver.

Later that evening, Robyn takes a closer look at all the furniture. She realizes that the changing table is not the "Stuva" model but a different model that does not have any small bins beside it.Robyn had explicitly mentioned that she wants a changing table with bins where she can discard the pampers.

Furthermore, the colour of the Tots sofa is not the colour that Robyn requested. Robyn ordered a soft pink sofa, but she received a peach one instead. Robyn inspected the "Bea" table and wanted to rearrange it further away from the door. As she lifted the table, one of the legs broke when she placed it down. She found the table unstable and unsafe for further use. Robyn is upset and unsatisfied with her purchase from Andorra Baby.

Part (a)

Discuss whether there is a valid contract between Robyn and Andorra Baby. Your answer must refer to relevant provisions of the Contracts Act 1950 (Malaysia Law) and relevant case law (Esso Petroleum Ltd v Commissioners of Customs and Excise)