Low Kar Yit & Ors. v. Mohd Isa & Anor [1963]
Facts: The defendant gave option to plaintiff's agen to buy a piece of land subject
to a formal contract to be drawn up and agreed upon by the parties and approval by court. The plaintiff's agent had exercised the option but the Defendant refused to sign the agreement , so the plaintiff sued the defendant.
Judgment: The opinion was conditional upon a formal contract to be drawn up agreed upon by the parties and accordingly there was no concluded contract between the parties.
My comments:
Based on S.7(a) provides that an acceptance must be "absolute and unqualified" the purported acceptance must be clear and unconditional. The modifications or variations and it must not be accompanied with or contain further conditions. Therefore there was no contract.
http://umkeprints.umk.edu.my/1498/1/paper%20115.pdf
I think S.7(b) is better suit to this case instead of S.7(a), where the condition of the contract had to be fulfill before there is a contract. Since D did not sign the contract, the condition of "formal contract to be drawn up agreed upon by both parties" did not fulfill. Thus, there were no contract made.
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