How to answer problematic question

On Saturday, Ben went to a local car dealer, Syarikat Mawar Berduri Sdn Bhd at Skudai. He saw a second hand BMW car being displayed with a label on it which says It is yours for RM150,000. He immediately wrote a cheque and saw the manager. He told the manager after looking at your notice, I now want to buy the car. He then gave the cheque but the manager refused to take it. Ben was so unsatisfied and after insisting him for a reason, the manager said that Ben did not look like a person who can afford to buy the BMW car and he was sure that the cheque will bounce. He felt so humiliated. He wanted to take action against the car dealer under the law of contract. Advise Ben.

Understand the facts of the problem firstQuestion will always revolve around the issue whether a contract existRemember ** for a contract to exist, all elements must exist

Here Ben saw a car being displayed and wanted to buy it

Issue is the car on display by Sykt MB an offer?- Sect. 2(a) definition of offer- a car on display may look like an offer but is not one. It is only an invitation to treat- explain invitation to treat- Phamaceutical Soc. V Boots Cash Chemist- Apply the section and case to the issue

Issue is there an acceptance when Ben writes the cheque and give it to the manager?- sect.2(b)..- no, because it is not acceptance , it is only an offer made by Ben to the company.- Phamaceutical Soc. V Boots Cash Chemist- Harris v NickersonApply the case

The offer by Ben was not accepted by the company when the manager refused to accept the chqWhen there is no acceptance no contractEven if other elements exist but without acceptance no contractAdviceBen is advised not to take any action against the car dealer because he has no rights / good grounds in contact law to do so