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The courts will give due effect to the agreements as contracts that are enforceable. Based on this knowledge, discuss the following situation and provide a conclusion.
(a) The property owned by Dave was advertised for sale, and written offers to purchase were invited. Dave was desirous of leaving Kuching permanently for oversea. Paul viewed the property on two occasions. There had been on the occasion of the second visit to the property some discussion on the mode of payment. It was alleged that Dave had accepted Paul's offer to purchase the property for RM70,000. However, Dave denied that he had decided to go on with the sale.
Discuss whether there was a contract in existence between Paul and Dave at the material time.
(b) Pak Mat wants to give his land to his daughter, Mina, for her 21st birthday. As Mina will not be paying any money to her father, her father is worried that since there is no consideration for the transfer of his land to Mina, the transfer may be void under section 26 of the Contracts Act 1950. Advise Pak Mat.
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