Question
Alex owns a prestigious apartment in Kowloon Tong. On 4th October 2022, he placed the following advertisement in the Hong Kong Daily.Prestigious Apartment for SaleFour-Bedroom
Alex owns a prestigious apartment in Kowloon Tong. On 4th October 2022, he placed the following advertisement in the Hong Kong Daily."Prestigious Apartment for SaleFour-Bedroom Duplex in The Master PieceHK$33 Million Non-NegotiableContact Alex at WhatsApp: +852 9876 5432 or Tel.: 2345 6789"In order to sell the apartment as soon as possible, Alex also requested Betty the CEO of CTV to produce a TV advertisement for his apartment. When Alex asked Betty about the advertisement fee, Betty said to Alex: "Don't bother it! It's trivial. We are good friends and I won't accept any payment from you. "Charles read the newspaper advertisement and also watched the TV advertisement on the same day on 4th October 2022. As impressed by both advertisements, Charles called Alex on 5th October 2022 saying that "I am very interested in purchasing your four-bedroom duplex in The Master Piece, but I can only pay HK$30 Million". Alex immediately replied to Charles that "I don't accept less than HK$32.8 Million, but I won't sell the apartment to anyone else before 7th October 2022".In the afternoon of 6th October 2022, Charles rang Alex again, but Alex was not available on the phone. Charles then left the following voice message:"Hi Alex! It's Charles and I'm responding to our previous tele-conversation regarding the four-bedroom duplex in The Master Piece. I'm very happy to accept your offer to sell the apartment at HK$32.8 Million. Please call me back to arrange the sale and purchase of the property as soon as possible."To ensure his acceptance to be received by Alex before 7th October 2022, Charles then sent Alex the same message by WhatsApp immediately. However, unknown to Charles, his wife accidentally erased the WhatsApp message.In the morning of 7th October 2022, Alex checked his mobile phone. He did not find any WhatsApp message from Charles, and when he checked the voice message, he accidentally erased it. As Alex found no reply from Charles, he decided to sell the apartment to another buyer at HK$33 Million in the afternoon of 7th October 2022.After the sale of the apartment, Alex received the phone call from Charles in the lateafternoon of 7th October 2022. Charles told Alex that he sent out the acceptance to Alex's offer by WhatsApp immediately after leaving the voice message in the afternoon of 6th October 2022. Alex replied that he did not receive any WhatsApp or voice message from Charles up to the morning of 7th October 2022 and he had just sold the apartment to another buyer at HK$33 Million.Alex was very satisfied with the sale of the apartment. When he knew that the actual production cost of the TV advertisement was much more than expected, he talked to Betty and agreed to pay CTV HK$80,000 and Betty accepted it. However, Alex later changed his mind and paid nothing to CTV when he knew that Charles was preparing to sue him for breach of the sale and purchase contract for his apartment.Betty is not happy with Alex as he does not keep his promise to pay CTV HK$80,000 and she is blamed by the directors and major shareholders of CTV. She has no choice but instructs CTV's lawyer to take legal action against Alex.Discuss with reference to decided cases whether there is a valid contract made between:(a) Alex and Charles in relation to the sale and purchase of the apartment; and(b) Alex and Betty in relation to the production of TV advertisement.Advise CTV and Charles at which court that they can start the legal proceeding against Alex.
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