Will approaches you for advice, and says: 'On 1 August I saw the latest Samsung hand phone at a very reasonable price at a shop in the Mall. I told the shop owner, Tony, that, I was interested in buying the hand phone but would like to think about it for a few days. On 5 August I received a letter from Tony, stating that he was willing to sell the hand phone at a rock bottom price of RM300. I immediately posted a letter of acceptance on the same day (5 August). Tony received my letter of acceptance on 8 August. On the 7 August I received a fax from Tony revoking his offer to sell the Samsung hand phone. Will now wants you to advise him on whether there exists a contract between:
(a) Will and Tony
please refer to the law in the picture
Revocation of proposals and acceptances 5. (1) A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afte 16 Laws of Malaysia ACT 136 (2) An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. ILL USTRATION A proposes, by a letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not aerwards. Communication, when complete 4. (1) The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. Contracts 15 (2) The communication of an acceptance is complete (a) as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; and (b) as against the acceptor, when it comes to the knowledge of the proposer. (3) The communication of a revocation is complete (a) as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; and (b) as against the person to whom it is made, when it comes to his knowledge. ILL US TBA TIONS (a) A proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter. (1)) B accepts A 's proposal by a letter sent by post. The communication of the acceptance is complete as against A, when the letter is posted; as against B, when the letter is received by A. (c) A revokes his proposal by telegram. 'Ihe revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it. ((1) B revokes his acceptance by telegram. B's revocation is complete as against B when the telegram is despatched, and as against A when it reaches him