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.
Consider the above situation with respect to the rules governing the creation/formation of
contracts.
In particular
(a)the precise nature of Adam's advertisement
(b)whether Ben has entered into a binding contract with Adam
(c)whether Carol has any right of action against Adam
(d)whether Dave has any right of action against Adam
(e)whether Adam has any right of action against Eric
take each matter as it presents itself, and decide what the outcome would
be for each of the parties. need to state reason(s) for your answer rather than
giving yes or no answers
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started