JUDGMENT

(Enclosure 11)

Arziah Mohamed Apandi JC:

Introduction

[1] A business pursuit to establish a Petron petrol station turned sour when the dealer walked out from the transaction to establish new ties with its rival. Much discussion, work, and effort were poured into the situation, which led only to an ending of dismay. Frustrated, Petron filed an action against the dealer for breach of contract.

[2] What was intended by Defendant was different from Plaintiff, and yet parties entered into an agreement on Plaintiff's intention.

[3] With differing intentions, whether parties had a binding contract of the Letter of Offer. The crux of this action is thus whether a contracting party, Defendant, can withdraw from its obligations to terminate the contract, which it had voluntarily agreed to undertake.

[4] The issues to be tried are:

(1) Whether the Letter of Offer is a binding contract between Plaintiff and Defendant, and if so, binding, whether it is tenable and/or sustainable in law.

(2) Whether the Defendant can terminate the Letter of Offer.

(3) If there is a contract that legally binds Plaintiff and Defendant:

(i) If Defendant is found to have breached, how much are the appropriate damages