Question
Adam is a second hand /used car dealer.He places and advertisement in the Saturday Edit of his local paper stating; 'Once in a lifetime opportunity:
Adam is a second hand /used car dealer.He places and advertisement in the Saturday
Edit of his local paper stating;
'Once in a lifetime opportunity: a one year old, low mileage, Nissan special: $7,000
cash.This is a serious offer-the car will go to the first person who accepts it-valid
for one day only'
When Ben sees the advert he immediately mails a letter of acceptance of Adam's
offer.
Carol also sees the advert and after inspecting the car offers Adam a cheque for
$7,000, but he refuses to accept the cheque and tells her she cannot have a car.
Later in the day Dave asks Adam if he will keep the offer open until he can get to his
bank to arrange a loan.Adam agrees but later in the day when Eric says that he will
pay $8,000 in cash for the car he agrees to sell the car to Eric.
On Monday morning Ben's letter arrives, and Dave returns to complete his purchase
of the car.In the afternoon Eric phones Adam to say that he has had second
thoughts, and no longer wishes to buy the car.
Which of the following parties would have an action in contract?
(a) What would Adam's advertisement be known as (offer or invitation to treat)?(2 marks)
(b)Has Ben entered into a binding contract with Adam(2 marks)
(c)Would Carol have any right of action against Adam(2 marks)
(d)Would Dave have any right of action against Adam(2 marks)
(e)Would Adam has any right of action against Eric(2 marks)
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