solution

a) Frank puts up a sign on his lawn with “Lawn mower for sale. $200 or best offer” and his phone number on it. Margaret leaves a message on Frank’s voice mail: “I will buy your lawn mower for $200.00.”

Applying the relevant and correct principle(s) of law discuss the following question:

i) Whether a contract has been formed or not. (3 marks)

b) Roberto phones Alicia on Friday and offers to sell her his car for $5,000.00. Alicia tells him that she will get back to him. She emails Roberto the following (Thursday) offering $3,750.00 for the car. Roberto tells her that on Tuesday, he sold the car to Carlos for $4,500.00. Alicia is very angry and writes this email to Roberto “You didn’t give me an expiry date for the offer, so it was still open when you sold the car to Carlos. What you did was illegal!!”

Applying the relevant and correct principle(s) of law discuss the following question:

i) Whether Alicia is correct?

ii) Whether the sale to Carlos is valid and enforceable? (4 marks)

c) On Saturday, Vladimir meets Tatiana Downtown for coffee. In the course of their conversation, he offers to sell her his car for $4,000.00. Tatiana says she needs to think about it. Later that day, Tatiana emails Vladimir and offers to buy his car for $3,500.00. Vladimir does not respond. The following Monday, Vladimir sells the car to his old friend Dimitri for $3,500.00.

Applying the relevant and correct principle(s) of law discuss the following questions:

i) Whether an acceptance has been communicated by Tatiana and whether a contract was formed with Vladimir?

ii) Whether the sale to Dimitri is valid and enforceable? (4 marks)

Note: Application means you have to identify the correct legal concept, define it, enumerate the elements and then apply it to the fact scenario before drawing conclusion.