Contract Cases for Offer

2906 Words Jul 18th, 2013 12 Pages
DYJR7EAdvertisements of Bilateral Contracts Are Not Usually Offers
Case
Coelho Vs The Public Services Commission

1. Brief Facts/ Case Summary
The applicant, Mr Meredith Coelho was a health inspector under the town Board Tanjung Malim and he applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions as advertised in the Malay Mail newspaper dated 1957.

The terms and conditions of the selection are as stated below: * Serving Assistant passport officer and serving junior Assistant passport officers in the immigration department who have had not less than 5 years of service and possesses a school certificate * All serving government officers who have 5 years of service and who
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The material documents are the invitation to applicants contained in the Malay Mail, and the copy letter of June 27, 1957 from the State Secretary, Perak to Mr. Bigley which was shown to the applicant.
In the construction of contracts in writing it is undoubtedly true that the intention of the parties must be objectively sought from the writings themselves. The Malay Mail advertisement was an invitation to qualified persons to apply. The resulting applications were offers. Such offers could either be accepted simply or with the imposition of conditions as terms of the contract, additional to those set out in the advertisement. In the latter case the offers by the applicants would have been met by counter-offers which the offerers could accept or refuse. Mr. Bigley's letter did not – as a counter-offer should – ask whether it was accepted or not. In this case I am of opinion that the information conveyed to the applicant was an unqualified acceptance, and he so understood it. There was no question of his appointment being on probation, or for any period of probation. The copy letter of June 27 was headed "Appointment of Mr. Meredith Coelho, Health Inspector, Tanjong Malim, as Assistant Passport Officer in Oversea Missions of the Federation of Malaya Government". The minutes on the copy sent to the Town
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