Case Citation:
Eckhardt Marine GMBH v. Sheriff Mahkamah Tinggi Malaya & Ors [2001] 3 CLJ 864 CA
Details of the case:
The parties that involved in this case were Eckhardt Marine GMBH as an appellant and Sheriff Mahkamah Tinggi Malaya as a respondent. This case had been brought to the Court of Appeal in Kuala Lumpur at 8 June in 2011. Besides, there are three judges of the court of appeal involved in this case who is Gopal Sri Ram, Nh Chan and the last one is Haidar Mohd Noor.
This case was previously heard at the High Court of Kuala Lumpur. The appellant wanted to buy the vessel and made an offer. The offer was sent to the Sheriff, under cover of the appellant's letter dated 12 February 1998, together with a banker's draft for 10% of the purchase price. The letter made it clear that the offer was on the Sheriff's terms but subject to two conditions. The judge of the High Court decided that the sheriff had accepted the appellant's offer.
Facts of the case: …show more content…
Manchester City Council [1979] 1 All ER 972 stated that the approach should be generally adopted. In the Court of Appeal, quite a dissimilar test had been suggested by the Lord Denning MR. The decision of the Court of Appeal is reported in [1978] 2 All ER 583. The Master of the Rolls put it that it is a mistake to think that all contracts can be analysed into the form of offer and acceptance. As what been said by him, there is no need to look for a strict offer and acceptance. The correspondence as a whole and at the conduct of the parties in something we need to ponder and see therefrom whether the parties have come to an agreement on everything that was material. If by their correspondence and their conduct, you can see an agreement on all material terms, which was intended thenceforward to be binding, then there is a binding contract in law even though all the formalities have not been gone through. He was later referring to Brogden v. Metropolitan Railway
Eckhardt Marine GMBH v. Sheriff Mahkamah Tinggi Malaya & Ors [2001] 3 CLJ 864 CA
Details of the case:
The parties that involved in this case were Eckhardt Marine GMBH as an appellant and Sheriff Mahkamah Tinggi Malaya as a respondent. This case had been brought to the Court of Appeal in Kuala Lumpur at 8 June in 2011. Besides, there are three judges of the court of appeal involved in this case who is Gopal Sri Ram, Nh Chan and the last one is Haidar Mohd Noor.
This case was previously heard at the High Court of Kuala Lumpur. The appellant wanted to buy the vessel and made an offer. The offer was sent to the Sheriff, under cover of the appellant's letter dated 12 February 1998, together with a banker's draft for 10% of the purchase price. The letter made it clear that the offer was on the Sheriff's terms but subject to two conditions. The judge of the High Court decided that the sheriff had accepted the appellant's offer.
Facts of the case: …show more content…
Manchester City Council [1979] 1 All ER 972 stated that the approach should be generally adopted. In the Court of Appeal, quite a dissimilar test had been suggested by the Lord Denning MR. The decision of the Court of Appeal is reported in [1978] 2 All ER 583. The Master of the Rolls put it that it is a mistake to think that all contracts can be analysed into the form of offer and acceptance. As what been said by him, there is no need to look for a strict offer and acceptance. The correspondence as a whole and at the conduct of the parties in something we need to ponder and see therefrom whether the parties have come to an agreement on everything that was material. If by their correspondence and their conduct, you can see an agreement on all material terms, which was intended thenceforward to be binding, then there is a binding contract in law even though all the formalities have not been gone through. He was later referring to Brogden v. Metropolitan Railway