23 (explanation isn't required)

Gazza, who is starting his own small landscaping business, negotiates with Jack Constructions to purchase a cement mixer. Negotiations are carried out orally during which the plant for sale is only ever referred to as "the cement mixer". Eventually, Gazza and Jack Constructions reach agreement on a sales price of $300 with Jack Constructions promising to organise for delivery of the cement mixer to Gazza's premises the next day. When the cement mixer is delivered, Gazza is disappointed to see it is a 5-year old Ozito 60 litre model. Gazza thought he had agreed to purchase the 1 year-old Westmix 65 litre model he had seen on the back of one of Jack Construction's utility vehicles the previous week. Gazza seeks your advice with respect to whether he must go through with the purchase. The most likely legal situation is:

Select one:

a.

The contract is not enforceable as it is made orally and not in writing. Therefore Gazza does not have to purchase the cement mixer.

b.

The contract is binding because there has been offer, acceptance, consideration, intention to create legal relations and capacity. Therefore Gazza must go through with purchasing the cement mixer.

c.

Gazza will not have to go through with the purchase under the common law. However, he will have to pay the $300 in equity law as he has been unjustly enriched.

d.

Gazza will not have to go through with the purchase because there has been no meeting of the minds between Gazza and Jack Constructions as to the subject matter of the contract.