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Tuesday, January 22, 2008

The Proposal

When people tend to make a contract, it will start by making a proposal, without making the proposal, no acceptance will occured, so there is no agreement or contract established.

Proposal in one of the elements of contract. Malaysia Contract Act 1950 defined the contract under Section 2(h) which is agreement enforcable by law.

The proposal also known as the offer making by the offeror also known as promisor to the offeree also known as promisee. When a person signifies his willingness to other person to do or to abstain form doing something, he is said to make a propsal ( Section 2(a) of Malaysian Contract Act 1950).

The proposal must be communicated and come to the knowledge to the person who will accept or reject the proposal in order to make the proposal complete. This is clearly provided under Section 3 and Section 4 of Malaysian Contract Act 1950.


So, please aware when making a proposal, double check when making the proposal to ensure that the proposal was clearly communicated and come to the knowledge to whom the proposal was made.

Reactions:

4 comments:

good day,
i would like to know what is the element or format that must included in the proposal and how long will the proposal be.

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good day dude, regarding your question of the element or format and how long it would be. Proposal could be make in three ways namely Written, Oral and Physical Action. The important elemets in proposal is it must be communicated clearly and the proposal come to the knowledge of person who want to accept the proposal, than the proposal will be complete. How long it be based on conditon by person who make the proposal or if there is no specific condition, the proposal opened till the acceptance is being made. However, the proposal must be open for period of time to give space to the person who will accept the proposal to make his/her mind to accept or reject the proposal, this situation called OPTION.

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