$2.$ On Tuesday, September $10,$ John delivered a written offer to sell a house to Mary. The

offer stated that $$This offer is to be left over until Thursday, $10$ o$$clock$,$ September $12.$

On Wednesday, John sold the house to Jill. Lance found out about the sale to Jill and told

Mary.

At $8$ a$.$m$.$ Thursday, Lance acting as the agent of Mary, handed John a letter of

acceptance.

John had also posted an offer to sell his car to Ken $.$ On the $1$st September, John posted a

revocation of his offer. The offer from John was received by Ken on the $4$th September

and a letter of acceptance was sent the same day. On the $10$th September, John$$s letter of

revocation reached Ken.

Mary and Ken are contemplating suing John and John has come to you for advice.

Advise John as follows:

$1.$ Identify the issues arising.

$2.$ Discuss the relevant legal principles and cases that support these principles

$3.$ Apply these principles to the facts above.

$4.$ Summarise your advice to John.

$3.$ Craig has a Barrington Watson original painting for sale for $$1$M and advised John

when he saw him at a meeting on January $10$ that if he were interested in purchasing

same he should:

$....$let me know by notice in writing on or before January $30$ if you accept

the terms of this offer $.$

John forgot about the meeting and about $4$:$30$ pm on the $28$th January, he ran to the post

office and posted the letter to Craig.

On February $1,$ Craig sold the painting to Marsha for $$2$M$.$ John called him just as he

was giving the painting to Marsha and asked him if he got the letter accepting his offer.

Craig told him no and that the painting was sold, having not heard from him.

John is contemplating suing Craig and has come to you for advice. Advise John.

Advise John as follows:

$1.$ Identify the issues arising.

$2.$ Discuss the relevant legal principles and cases that support these principles

$3.$ Apply these principles to the facts above.

$3$

$4.$ Summarise your advice to John.

$4.$ Define consideration and explain the requirements for consideration to be valid.

$5.$ Christina is a $17$ year old genius who is attending University. She is in need of an Ipad

for online classes. She visited the Bookshop on her University campus and managed to

use her persuasive skills to negotiate a contract with Bryan, the manager to purchase the

Ipad for $$100,000$ and pay by $4$ installments of $$25,000\mathrm{.}00$ every $4$ weeks. Christina

made the first payment from her savings, received the IPad from Bryan but had difficulty

finding the funds for the other payments and has defaulted.

Bryan wants to sue her for the balance of $$75,000\mathrm{.}00.$ Whilst telling someone in his store

about Christina, another student who overheard him asked him if he was talking about the

$17$ year old genius. Bryan is rather surprised upon hearing her age. He is seeking your

advice as to whether or not he can recover the outstanding sum in Court. Advise Bryan.

$6.$ Review the following cases and explain the legal principles discussed in them.

a$.$ Cundy v$.$ Lindsay

b$.$ Lewis v$.$ Avery

c$.$ Car & Universal Finance Co$.$ Ltd v$.$ Caldwell

$7.($a$)$ With the use of cases, illustrate when an exemption clause may become a term of

the contract.

$($b$)$ Duke and Duchess went on a weekend trip to Pleasure Hotel, Mobay.

At the

reception desk, they signed a contract form which they never read and paid for the

weekend. One of the terms of the contract was that the cars of customers were

parked at owners risk and that the hotel will not be responsible for looking after the cars. On getting to their room, they found a notice pasted on the wall stating that the hotel will not be responsible for any missing or stolen items from the rooms. They read the notice but never took it seriously. On the last night of their stay, Duchess$$ diamond ring was stolen from her suitcase in the room and Duke$$s car was stolen from the hotel$$s parking lot. Both Duke and Duchess intend to bring an action against Pleasure Hotel for the cost of the ring and card. Advise Duke and Duchess.