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1.0 Question 1
1.1 What World Trade Organization (WTO)?
World Trade Organization (WTO) is only one of the global international organizations
that deal with the rules and regulations of international trade between nations at a
global or near-global level. WTO mainly is about negotiated the trade agreements,
settle trade disputes between governments and organizes trade negotiations. Besides,
it operates a system of trade rules which provide a place for them to settle trade
disputes. The WTO was born out is to negotiate and to try to sort out the trade
problems they face with each other. For example, when countries have faced trade
barriers and wanted them lowered, the negotiations may help them to liberalize trade.
But the WTO is not just about liberalizing trade, and in some circumstances its rules
support maintaining trade barriers. For example, WTO is to protect consumers or
prevent the spread of disease. Besides, WTO is an international organization that with
the purpose of help to regulate international trade and encourage free trade by
persuades countries to eliminate import tariffs and other barriers that stop or prevent
free trade. According to World Trade Organization, the goal of WTO is to help
producers of goods and services, exporters, and importers conduct their business.
products. When having free trade, local firm face more competitors, firm will try to
lower down their cost to compete with competitors. Consumers will gain the benefits
as the product cost decrease. To fulfill the needs and wants of consumers, local firm
will increase their productivity and provide goods and services to consumers. Some
firm will increase their productivity for exports their products to other countries.
WTO helps firm utilize their resources as they can use their resources to produce
variety products. Country has a competitive advantage to product their product. So
that firm can have their own product to produce, so that firm can utilize their
resources and produce products. WTO brings peaceful to the country. Sales person are
usually willing to help and provide goods and services to their customers. Customers
only receive the goods and services from sales person. There will no fight and
argument between each other. WTO helps to increase employment. Trade can helps
country boosts economic growth and increase jobs for local people. As WTO helps to
increase productivity, firms need many workers to help in production. WTO helps
country to get trade with other country. Other country might need employee as well.
There will have many employments in the countries.
concerning perishable goods, the deadline to given final report is shortened to three
months.
In the agreement, there are describes the detail of how the panels are work. The
main stages before the first hearing is each side of the dispute presents its case in
writing to the panel. Following step is the first hearing, which is hearing the case for
the complaining country and defense. The complaining country and the responding
country announced the interest that they have in the dispute; make their case at the
panel's first hearing. In order to rebuttals, the country involved need to submits
written rebuttals and present oral arguments at the panel's second meeting.
Furthermore, the panel may consult experts or appoint an expert review group to
prepare an advisory report if one side raises scientific or other technical matters. From
there, first draft is submit by the panel which describe the argument sections and
factual of its report to the two sides, and giving them two weeks to comment. This
report does not include findings and conclusions. The panel then submits an interim
report, including its findings and conclusions, to the both sides and giving them one
week to ask for a review. The period for ask a review must not exceed two weeks.
During that time, he panel may hold additional meetings with the both sides.
Finally, a final report is submitted to the both sides three weeks later, it is
circulated to all WTO members. The panel decides and measure the disputed trade
does break a WTO agreement or an obligation and may suggest how this could be
done. Besides, the approximate periods for each stage of the dispute settlement
procedures are provide in Table 1.1.
silence or inaction, and the offeree in remaining silent and inactive intends to accept
the offer. (c) Where because of previous dealings or otherwise, it is reasonable that the
offeree should notify the offeror if he does not intend to accept. 2 In our case, Letty, as
an offeror never had a business dealing with offeree before. Furthermore, offeror
never stated and let offeree knows that silence can be considered as acceptance.
However, Dominic, as an offeree intended to accept the offer with silence and
assumed he already recurred the contract. Therefore, the contract is not binding
between these 2 parties.
There is a case of Felthouse v Bindley (1862) under acceptance by silence. On
this case, Felthouse is making an offer to buy his nephews horse for 30 through
postage. If the nephew keeps in silent which means the nephew will accept the offer
by Felthouse. However, Bindley, as Felthouses nephew does not reply Felthouse.
Therefore, the horse will consider as Felthouse. The court held that, the nephew had
not communicated his acceptance of the offer. Therefore, there is no contract existed
and Felthouse had no claim. In our case, Dominic intended to accept it but just keep
silent and assumed that he is already secured the contract. The contract between Letty
and Dominic did not stated there as silence can considered as accepted the offer. The
offeror cannot stipulate in the offer that silence or no communication will be deemed
as acceptance.
Under Section 4(1) provides that: the communication of a proposal is complete
when it comes to the knowledge of the person whom it is made. 3 The acceptance by
promise needs to communicate to the promisor. It is important because the promisor
can always revoke or cancel his or her offer there is an acceptance. In our case, Letty
is the promisor. She is making an offer to Dominic for 1 tonne of high quality flour
for RM20,000. Letty can revoke the contract before she receives the acceptance from
Dominic.
Besides, under Section 5 provides that: 1) A proposal may be revoked at any time
before the communication of its acceptance is complete as against the proposer, but
2
3
4
5
for RM20,000, but Dominic had communicated the acceptance to Letty after one
month which is 1st of July 2015. Now, there is not a binding contract between
Dominic and Letty. The fault occurs is because Dominic did not inform Letty about he
is interested the flour and accepted Lettys offer within a reasonable time.
There is a case of Adams v Lindsell (1818) under postal rule. According to this
case, defendant and plaintiff were involved in the sale of wool. On 2 nd of September,
the defendant was made an offer to sell his wools and asked the plaintiff to reply by
letter. However, the letter which contained the offer was wrongly addressed and
therefore caused plaintiff did not receive the letter until 5 th of September. Due to
reason of delay, the defendant did not receive a letter of acceptance from plaintiff until
9th of September. 9th of September is actually two days later than the defendant
expectation. Therefore, on 8th of September, the defendant had sold the wool to the
third party. The judge claimed that there was indeed a contract in existence once the
letter of acceptance had been post or sent before the sale of the wool to the third party
although the defendant did not receive the letter. Based on this case, the defendant
was liable in breach of contract. On this case, the acceptance of offeree is effective
once the letter of acceptance is placed in the control of the post office such as it is
placed in a post box or handed to an officer of the post. In our case, the acceptance of
Dominic is not effective because he is communicated the acceptance through mail and
there is not within a reasonable time to inform Letty. Letty was sold the flour to third
party, Mr. Shaw before she accepts the acceptance from Dominic. Therefore, there is
no a contract in existence between Dominic and Letty.
In conclusion, there is not valid contract formed between Letty and Dominic
because silence as acceptance of an offer is not sufficient to create a contract.
Furthermore, it is not a reasonable time for Letty to receive the acceptance from
Dominic. Therefore, Letty is free to withdraw the offer and sell the flour to the third
person.
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7
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Section 4(2)
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agreed to sell the land to a third party. Dickinson wrote a note accepting the offer and
delivered it to his home at 7am on Friday morning before the deadline. But, Dodds
stated that he had already sold the land to another party the previous day. The issue
happens when a promise to hold an offer open is binding where the other party does
not accept until after he learns that the offeror has already conveyed the property.
From the case situation, Letty has sold the flour to the third party who is Mr Shaw.
Another case related is Stevenson v Mclean (1880). Where the case has
mentioned that, the defendant wrote to plaintiff which offered to sell iron at 40
shillings a ton with net cash. Plaintiff sent a telegram asking if he could have credit
terms and asking whether defendant would accept 40 shillings for delivery over two
months, or if not, what time defendant would give. Four hours later, there had no
reply from the defendant. Plaintiff telegraphed to defendant which accepting the
original offer. But, when plaintiff find defendant it had already sold the iron
elsewhere. Therefore, the plaintiff sued the defendant for breach of contract and the
defendant argued that the plaintiff's telegram was a counter-offer so the plaintiff's
second telegram could not be an acceptance.
In conclusion, we can conclude that if Dominic really wants to sue Letty, he will
totally lose on claim against Letty. It is because there is not a valid contract between
Dominic and Letty.
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3.0 Appendix
60 days
45 days
6 months
3 weeks
60 days
Total = 1 year
60-90 days
30 days
Total = 1 year 3 months
Table 1.1
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4.0 Bibliography
10 things the WTO can do. (n.d.). Retrieved May 7, 2015, from World Trade
Organization:
https://www.wto.org/english/thewto_e/whatis_e/10thi_e/10thi00_e.htm
Acceptance by Silence. (2003, September). Retrieved April 26, 2015, from Justia:
https://www.justia.com/trials-litigation/docs/caci/300/310.html
Advantages and Disadvantages of WTO. (n.d.). Retrieved April 28, 2015, from
Economics Help: http://econ.economicshelp.org/2007/06/advantages-anddisadvantages-of-wto.html
Cases on Formation of a Contract Offer. (n.d.). Retrieved May 6, 2015, from Law
Teacher: http://www.lawteacher.net/cases/contract-law/agreement-cases.php
Dickinson v Dodds (1876). (n.d.). Retrieved April 26, 2015, from E-Lawresources:
http://www.e-lawresources.co.uk/Dickinson-v-Dodds.php
Dickinson v. Dodds. (n.d.). Retrieved May 6, 2015, from Lawnix:
http://www.lawnix.com/cases/dickinson-dodds.html
Exchange, G. (n.d.). Top Reasons to Oppose the WTO. Retrieved May 8, 2015, from
Global Exchange: http://www.globalexchange.org/resources/wto/oppose
Jacobs, C. J. (2011). Principles of Malaysian Business Law. Malaysia: Pearson
Malaysia Sdn. Bhd.
Settling Disputes. (n.d.). Retrieved April 25, 2015, from World Trade Organization:
https://www.wto.org/english/thewto_e/whatis_e/tif_e/utw_chap3_e.pdf
Understanding on Rules and Procedures Governing the Settlement of Disputes. (n.d.).
Retrieved April 26, 2015, from World Trade Organization:
https://www.wto.org/english/res_e/booksp_e/analytic_index_e/dsu_02_e.htm
Understanding The WTO: Settling Disputes. (n.d.). Retrieved April 26, 2015, from
World
Trade
Organization:
https://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm
What is the WTO? (n.d.). Retrieved May 8, 2015, from World Trade Organization:
https://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm
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