Abdul Rashid Abdul Majid vs Island Golf Properties Sdn Bhd
Summary fact
The defendants is a private limited company own, manage and operate a social golf club in Penang while the plaintiff holds a membership at the club and submitted the application form and he agreed and accepted certain conditions imposed upon him by the club. There are several rules relating to the club and membership set by the club. The rules are relevant to this proceeding such as entrance fees, monthly subscriptions and interpretation of rules.
In the exercise of their powers under the rules, the board levied fees known as development fees payable by the members. Plaintiff has to pay for the development fees to the club. Being dissatisfied, the plaintiff brought an action against the defendants.
Judgment
Court judged that plaintiff’s application to become a member of a golf club is just a first step. The offer for membership came from the defendants after they considered the plaintiff’s application. The contract formed only when the plaintiff make the payment of the entrance fee. Therefore plaintiff doesn’t bound to the contract with defendants and the declaration in the application form whereby the plaintiff had agreed and accepted that the board may levy any additional charges is not part of the contract. At last, all fees that collected as development fee be repaid to plaintiff.
Personal opinion
An offer is referring to someone has expressed his willingness to another person to do or refrain from doing something. That means an agreement only comes to valid when accepter fulfills all the requirements of the offer. In my opinion, I think that accepter should think wisely before fulfill all the requirements when accept an offer because once fulfills all the requirements of the offer, it comes to a valid contract between accepter and offerer.