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Deadline
10 December 2007
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Description
REAL ESTATE ENVIRONMENT
LAW ASSIGNMENT 2
Submit a written answer to the following question.
Question
Simon, a London antique dealer, was trying to arrange a private sale of a pair of silver candlesticks which had failed to sell at a recent auction. He telephoned Bertram, a dealer in Liverpool, and offered the candlesticks at a price of £1200. At Bertram’s request, Simon wrote on September 18 to confirm this offer, which the letter stated “would remain open until September 25”.
Having received this letter, Bertram wrote back on September 19: “would you be prepared to accept £1000?” Irritated by this response (which arrived on September 23), Simon immediately instructed Alice, his secretary, to telephone Bertram and withdraw the original offer. When she attempted to do so, the telephone in Bertram’s office was answered by a cleaner, with whom Alice left a message.
On September 24, Simon sold the candlesticks to Charles, another dealer, for £1300. However, on September 27 a letter arrived from Bertram, dated and postmarked September 22, stating that he was accepting Simon’s offer to sell the candlesticks for £1200.
What is the legal position?
Would your answer be different if Alice’s message had been left, not with the cleaner, but with Bertram’s secretary?
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