ACBUS201A Commercial 1

Portfolio Activity #6 - Week 8 In January 2020, Freddie and Brian were negotiating via email for the sale and purchase of a shipment of sporting equipment. Both parties had confirmed that all business would be conducted through their respective email addresses. Freddie sent a final offer to Brian's email address on 21 January 2020 stating that the offer would close at 5pm on 23 January 2020. Freddie received no reply from Brian and on 25 January 2020 sold the equipment to another customer. Brian emailed Freddie on 28 January 2020 accepting the offer and apologising for the delay explaining that he had been out of the office at the Adelaide Tour Down Under and had not seen the offer. Freddie explains that he has already sold the shipment to another customer. Brian replies that he has no right to do so.

(a) Identify the legal issues raised by these circumstances according to the provisions of the Electronic Transactions Act 1999 (Cth).

(b) Did Freddie behave illegally? Would your answer be different if the parties had not confirmed that all businesses would be conducted through their respective email addresses? Note: Your responses to both parts (a) & (b) must be supported by references to provisions contained within the Electronic Transactions Act 1999 (Cth).