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BDUK3103 Introductory Law Of Contract

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In Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd., Boots Pharmacy was charged of selling a listed poison without the supervision of a pharmacist. The question in this case is when was the contract for the sale of the poison made? Was it made at the time a purchaser picked the poison and placed it in the basket or at the time payment was made at the counter?

If the contract was formed at the time payment was made at the counter,the sale was under the supervision of a pharmacist because he was at the counter to supervise sales.The court held that the display of the medicine on the shelves merely constituted an invitation to treat and not an offer which may be accepted by a purchaser. The offer to purchase was made by the purchaser at the payment counter and the pharmacist had the right to reject the offer.
Similarly, in Fisher v Bell, the Court held that the conduct of displaying a flick-knife in a shop window did not constitute an offer for sale of the knife, which was against the law, but merely an invitation to the public at large to make an offer to purchase.

The purpose of this assignment is to develop learners’ ability to discuss the elements of a valid contract and discharge of a contract under Malaysian law.The courts have also held that a newspaper advertisement for job vacancies is not an offer which may be accepted.  

Identify and discuss the elements of a valid contract under the Contracts Act 1950 and recommend amendments to this law related to any ONE of the elements and explain how a contract can be discharged.

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