Wednesday, February 14, 2007

Is It Legal?

Saya akan menulis dalam Bahasa Inggeris untuk entri kali ini, kerana saya akan menulis berkaitan undang-undang. Dan sebagai pelajar UiTM, semua subjek perundangan adalah dalam Bahasa Inggeris. Oleh itu, adalah menjadi kelemahan saya untuk menulis berkaitan hal perundangan di dalam Bahasa Melayu.

Sekaligus, ini menunjukkan kelemahan sistem pendidikkan di dalam Bahasa Inggeris. Waktu belajar, semuanya di dalam Bahasa Inggeris. Tetapi apabila sudah bekerja nanti, bahasa pengantar rasmi di dalam mahkamah adalah Bahasa Melayu.

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The Home Ministry offered rewards 18 months ago, but today, the Star announced that the offer had been withdrawn. (The offer is for lucky draw goodies, including Produa MyVi, Suzuki Scooter and electrical items for those who change their identity cards to MyKad).

Now, the question is, whether or not it is legal for the ministry to do so? I am not questioning the rationale of the withdrawal. Yes, it is to a certain extend true, when the Home Minister said, that it is stupid to offer carrots just to get the Malaysians change their identity cards. However, is it legal to do so?

The Ministry had made an offer. And in the law of contract, once an offer had been made, the offeror would be bound to perform, if the offer is accepted.

Now, when there are Malaysians who, having read the offer by the Ministry 18 months ago, decided to change their identity card to a MyKad; that would constitute an acceptance.

And it is a legal principle that an offer, once accepted cannot be revoked.

Citing a case of Carlill v Carbolic would be a good example. In this case, the Carbolic Smoke Ball Company made an advertisement in a local newspaper, that anyone who uses their product, but still catches flu, would be rewarded $100. Mrs Carlill used the product as prescript, but nevertheless ended up with flu. The court held Carbolic Smoke Ball Company was liable to pay the reward. As Mrs Carlill’s act of using the product was considered an acceptance towards the Carbolic Smoke Ball’s advertisement. And acceptance, once taken place, would bind the offeror (in this case would be the Carbolic Smoke Ball Company) to perform according to what had been offered.

Thus, applying the principle laid down in the case above, it is clear that it is illegal for the Home Ministry to withdraw their offer. However, illegality would always prevail, unless actions are taken. So folks, if you are one of those who had changed your identity card having read the offer by the Ministry 18 months ago, fight for your right. Take a legal action! Eheh!

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