question archive When parties to an agreement use post for communication, the Postal Rule applies

When parties to an agreement use post for communication, the Postal Rule applies

Subject:ManagementPrice: Bought3

When parties to an agreement use post for communication, the Postal Rule

applies. Under this rule, A. an agreement is binding on the offeror when the offeror has posted the offer

B. an agreement is binding on the offeree when the offeree has received the

offer

C. an agreement is binding on the offeror when the offeree has posted the

acceptance

D. an agreement is binding on the offeree when the offeree has posted the

acceptance

 

11. Sofi tells Lim that she is Ashraf's agent and Ashraf does not deny this. In this

situation, if Lim makes a contract with Sofi, would Ashraf be liable to Lim under

the law of agency?

A. Yes, because he has expressly appointed Sofi as his agent

B. Yes, because he has held out Sofi as his agent

C. No, because Sofi was the one who claimed to be an agent

D. No, because he never authorised Sofi to contract with Lim on his behalf

 

12. Mastura works as a cook in Restoran Makan Sedap. Mastura frequently orders

vegetables and meat for the restaurant from Kedai Runcit Alang. Restoran

Makan Sedap has always paid for the goods delivered by Kedai Runcit Alang. This describes the creation of agency by

A. express appointment

B. implied appointment

C. ratification

D. necessity

 

13. Siva has been appointed as an agent by Ah Chong. He has the authority to sell

goods on credit to third parties. He sold goods amounting to RM20,000 to

Rahimi on credit without making proper enquiries on Rahimi's ability to pay. Unknown to Siva, Rahimi had been declared bankrupt at the time he supplied

the goods to Rahimi. Which of his duties as an agent has Siva breached?

A. Duty to obey the principal's instructions

B. Duty to exercise care and diligence

C. Duty to communicate with the principal

D. Duty to render proper account to the principal

 

14. Ronald instructed his agent Edward to purchase a second hand van for not less

than RM40,000. Edward made a contract to purchase Ah Chong's van for

RM32,000. Edward and Ah Chong agreed to make the price of the van appear

as RM40,000 in their agreement. They then divided the additional RM8,000

equally between them. Ronald has found out about the deal between Edward

and Ah Chong. He wants to know what he can do about it.

i. Ronald may recover the additional money received by Edward

ii. Ronald may terminate the services of Edward

iii. Ronald may refuse to pay Edward's remuneration

iv. Ronald may seize Edward's property as compensation for his losses

A. i, ii and iii

B. i, ii and iv

C. i, iii and iv

D. ii, iii and iv

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