Malaysia legislation

Section 4

of CONTRACTS ACT 1950

Section 4

Communication, when complete

(2)

The communication of an acceptance is complete—

(a)

as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; and

(b)

as against the acceptor, when it comes to the knowledge of the proposer.

(3)

The communication of a revocation is complete—

(a)

as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; and

(b)

as against the person to whom it is made, when it comes to his knowledge.

(a)

A proposes, by letter, to sell a house to B at a certain price.

The communication of the proposal is complete when B receives the letter.

(b)

B accepts A’s proposal by a letter sent by post.

The communication of the acceptance is complete—

as against A, when the letter is posted;

as against B, when the letter is received by A.

(c)

A revokes his proposal by telegram.

The revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it.

(d)

B revokes his acceptance by telegram.

B’s revocation is complete as against B when the telegram is despatched, and as against A when it reaches him

Revocation of proposals and acceptances

Section 4 — CONTRACTS ACT 1950 | mylaw.my