Question
1. Vinh sends an order by email on Wednesday to Max who has a business selling building supplies.The email says: Please supply 2000 terracotta Versailles
1. Vinh sends an order by email on Wednesday to Max who has a business selling building supplies.The email says: Please supply 2000 terracotta Versailles style roof tiles at $50 per tile.
Max replies the same day, I can supply 1800 Versailles tiles at $60 per tile. The Versailles has been discontinued. I cannot get any more stock. The Avignon is a terracotta tile with a similar profile and similar price. I can supply 2000 of them at $62 per tile. Please advise.
Two weeks later Vinh responds by email saying: I will take the 1800 Versailles at $60 per tile.
Max rings Vinh immediately to say that he no longer has any Versailles tiles as he sold the last of them yesterday. Vinh is very upset as he is extending his home and wanted to match the tiles on his existing roof. He seeks your advice. Has he made a contract to purchase 1800 Versailles tiles? Explain your answer by analysing the legal significance of the emails and the phone call. Support your answer by reference to legal principles and cases.
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