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Deadline
05 November 2007
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Description
P09810 Real Estate Law
Coursework 1,
Contract
Coursework Question
October 2007
Sally advertises her bicycle for sale in the university newssheet on 14
January in these terms:
“Unisex bicycle for sale, with panniers, nearly new, original cost £200 will
accept £150 ono, genuine reason for sale. Please reply by email at
sallyj@uni.ac.uk by 28 January at latest.”
Jane responds to the advert orally, bumping into Sally outside her law
seminar. She says she would like to buy the bike, but says that she wants
to come and inspect it first.
Cathy has also seen the advert and replies to Sally by email as follows:
“I have seen your ad and I want the bike, when can I collect it, I have the
£150 ready.”
Cathy’s own bicycle has been run over by a bus and she desperately
needs a replacement. She is especially interested in the panniers
because she can use them to transport her heavy law books around the
campus.
Cathy’s email was sent and before Sally’s conversation with Jane. Sally
sees Cathy’s email that evening when she gets home. She emails Cathy
immediately saying:
“The bike is yours, you can collect it at any time but I have decided not to
include the panniers with it.”
When Cathy sees this on her University email address the following
morning she replies to Sally to the effect that she is not interested without
the panniers. She then persuades her boyfriend Rob to sell his bike (and
panniers) to her and pays for it immediately, using it that day.
Sally (who is also reading law) sees Cathy’s email and responds as
follows:
“On second thoughts, you can have the panniers too. I accept your offer
in your email of yesterday. Please could you collect your bike and pay me
today as I’m off to the Harvard Law School for a term and am leaving
tomorrow evening.”
Cathy refuses to buy the bike.
Advise Sally whether she has a contract to sell her bike and whether she
could recover the purchase prices from either Cathy or Jane You should
analyse the legal position as regards the dealings with both potential
purchasers and your answer should be supported with the appropriate
case and statutory authority.
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