Question

Mr Safuan offered to sell his Nikon D850 camera to Mr Azrul for RM12,000.00. Mr Azrul has stated his agreement to buy it at RM10,000.00. Mr Safuan later sold the camera at RM12,000.00 to Mr Jiman without informing Mr Azrul in advance. Mr Azrul demanded that Mr. Safuan cancel the sale made to Mr Jiman as he was now willing to pay the original offer price of RM12,000.00 for the camera. Mr Azrul warned Mr Safuan that he would take court action if his claim was not met. Advise Mr. Safuan by analyzing his legal position based on relevant sections and cases

Answer 1

Answer:

Since, there has been no written contract between Mr. Safuan and Mr. Azrul, the latter cannot enforce any legal binding of Mr. Safuan as per the contract act. Moreover, there has been no offer and acceptance between Mr. Safuan and Mr. Azrul. Initially, when Mr. Safuan has extended the offer of selling his camera at RM12000, Mr. Azrul negotiated for the price and offered Mr. Safuan that he would accept the order at RM 10000 to which Mr. Safuan has not agreed and he found another buyer Mr Jiman who accepted the offer of Mr Safuan for RM 12000. Thus, according to sale of goods act and contract act, there is no legal binding on Mr Safuan for the offer of Mr. Azrul as the good belonged to Mr. Safuan and he can take decision for his good until the payment for the purchase of the good has not been made by any of the party.