Peter, a businessman residing in Singapore enters into a contract to supply toys to Mike who is a citizen of Malaysia. The letter of acceptance is received by Mike in Malaysia. Mike then receives the consignment of toys but refuses to pay $100,000 being the price of the goods.
Peter wants to know what are his contractual rights including advice on jurisdiction and the application law.
2007-06-20 03:27:58 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I'd have to read the contract to know. Absolutely anything is possible based on your sketchy facts.
Who made the Offer, Peter or Mike? If Mike made an offer to buy, then the terms of that offer had to be mirrored in the acceptance letter, otherwise, it is a rejection and counteroffer. If they were the same terms, then the Acceptance by Peter was on delivery, the letter is meaningless. If the acceptance changed any terms, including supplying missing terms, it was itself an Offer, and Mike is still free to reject it.
Jurisdiction is usually spelled out in the international contracts. If not, it depends on whether the contract was complete when the items were delivered, or when they were put into the hands of the shipper. If Peter's performance was complete in Singapore, Singapore rules. If performance was complete on delivery, Malaysia rules.
Peter is pretty stupid to do international business in this casual a manner.
2007-06-20 03:37:02 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
Did Mike signed the contract?
Mike is not fool, he is no going to Singapore.
Peter has to go to Malaysia and put the case into the Malysian courts.
Peter should learn not to ship without a deposit payment. A contract it's only a paper.
2007-06-20 03:39:43 · answer #2 · answered by ? 7 · 0⤊ 0⤋