September 12, 2008
EXAMINABLE ISSUES-DACT
JUSCO SUPERMARKET advertises in the local newspapers that there is a vacancy for the post of Manager. Mr. Brown desires to apply for the post but he is not clear about the legal nature of the advertisement.
In particular he has heard from someone that advertisements may not be an offer but something else. He also does not know what is legal definition of an offer. He has now come to you for some advise. Clearly explain to Mr.Brown the differences between an offer and other legal positions. What is the current state of the law in relation to the advertisements? Give reasons for your answer illustrating your answer with the relevant case law.
Mr. Brown is called for an interview twice but Jusco is silent and did not give a reply. Later a candidate who is less qualified than him gets the post. Mr. Brown is upset and plans to sue JUSCO SUPERMARKET.
You are also required to advise Mr.Brown regarding the legal aspects of his application. Would your answer be any different if JUSCO SUPERMARKET wants to appoint Mr. Brown as the Assistant Manager ?
- ALL STUDENTS ARE ADVISED TO PRACTISE WRITING YOUR ANSWERS BEFORE ATTEMPTING TO WRITE THE ACTUAL PAPER. A WORD OF WARNING- IT IS NOT POSSIBLE TO GIVE A COMPLETE ANSWER IN LESS THAN 28 MINUTES AND 30 SECONDS.IF YOU ARE ABLE TO FINISH EARLIER THAN 28 MINS & 30 SECONDS-IT MEANS YOU HAVE LEFT SOMETHING IMPORTANT OUT. GOOD LUCK-
VIJIARAJAN & ASSOCIATES- ADVOCATE & SOLICITOR (HIGH COURT OF MALAYA)LLB,CLP,LLM.
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