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Homework answers / question archive / a) Charlie advertised in the local newspaper that he would pay a reward of RM1000 to anyone who returned him his lost cat "Rosie"
a) Charlie advertised in the local newspaper that he would pay a reward of RM1000 to anyone who returned him his lost cat "Rosie". Charlie's colleague, Andrew, recognised Rosie as it was running down the street on which he lived. He captured and returned Rosie to Charlie. At the time he returned Rosie, Andrew was not aware of the reward. Can he now claim the reward? Give reasons for your answer.
b) Candy sees a rare Ming vase in the window of a shop dealing in antiques. It is labelled "Rare Ming Vase - RM50,000. Credit Cards Accepted". Candy goes into the shop, places her credit card on the counter and asks for the vase. The dealer tells Candy that the vase was marked RM50,000 by mistake and that its actual price is RM1,200,000. Is the antique dealer bound to sell the vase to Candy? Give reasons for your answer.
ans a) NO Andrew cannot claim the reward because "past consideration is no consideration" .
There wasn't an acceptance of the offer to begin with . Yes it was an express offer , annouced publicly in the form of an advertisement but unless it has been communicated to the offeree (Andrew) it cannot be said to have been accepted and hence there is no obligation for any fulfiment of terms of contract . Even if afterwards Andrew came to know of the reward of RM1000 as stated above "past consideration is no consideration" the fact that he came to know of the offer after the cat was returned , making it look like the cat wasn't lost when it came into the knowledge of the offered party becaue Andrew was claiming the reward after the cat was returned or after the consideration has been made good . At that point of time there was no considersation left to be fulfilled.
ans b) NO the antique dealer isn't bound to sell the vase to Candy because The seller made a counter offer .
A counter offer is an offer in which the previous offer by the offerer is changed or modified or new conditions are added making the previously stated offer void or "non-existant".In this scenario the Vase was to be sold at RM50,000 which is now corrected by the dealer to be RM,200,000 . it does'nt matter that the difference between the two is huge, a counter offer is to be accepted again by the offere to be considered as a valid contract. Or simply to say a fresh contract on fresh term is presented and needs approval by the customer until than , it is neither binding on any party to fulfil their obligation thus the dealer insn't bound to sell the vase to Candy.
