Question
Tim is a student at the Colours Institute of Arts (CIA) in Petaling Jaya Old town. He is also the chairperson of the CIA Sports Club. CIA recently celebrated the Institution’s 10th year anniversary. To add more excitement to the celebration, Tim decided to organize the ‘Petaling Jaya Volathon’ competition (the competition), using his own expenses. On 10th January 2022, Tim advertised in the local newspapers that he promised to pay a sum of RM10,000 to the person who could volley a ball for the longest duration in the competition. The competition was held at 9 am on 1st February 2022. Three hundred interested participants turned up, and they included residents from Petaling Jaya old town. Ben, a student at the same Institute, was also a participant. He volleyed the ball for the longest duration of one hour and twelve minutes. However, when he approached Tim to claim the winning prize, Tim refused to pay.
Tim argued that his advertisement was just a social activity to promote volleyball among the CIA students and the residents of Petaling Jaya old town. He also argued that Ben needed to inform him (Tim) before participating in the competition. Tim additionally claimed that about fifteen minutes after the ‘Volathon’ session started, he had shouted very loudly outside the competition venue to inform the participants that the competition was canceled. Although a few participants heard Tim’s announcement, the others, including Ben, had not noticed, as they were too engrossed with the game.
Discuss whether the elements required to form a legally binding contract exist
between Ben and Tim.