Alison owns a motorhome which is parked on the driveway to her home. Affixed to the windscreen is a notice which states: ‘4-berth motorhome for sale. Nearly new, one owner. £28,000 or nearest offer. Please call at house number 14 Privot Drive or telephone 01702123654, only. The motorhome will go to the first person to agree on a price. Alison’

Bernard sees the motorhome at 8:30m on Monday but is late for a doctor’s appointment. He waits until that appointment is concluded at 9:30am at which point he telephones Alison and makes an offer of £25,000. Alison replies she would like to consider this. Bernard states that unless he hears from Alison by 7 pm that evening he will assume she has accepted the offer. Alison confirms she is happy to agree to this.

At 10 am on Monday, Clare knocks on the door of house number 14. Finley, who is Alison’s son and the only person in the house at the time, answers the door. Clare leaves with Finley a cheque for £28,000 and a note which reads, ‘Monday 10am. Cheque here for £28,000. Please keep the motorhome for me. Clare.’ Finley places the note on a desk in Alison’s study.

At 1:45 pm on Monday, Dirk, having read the notice on the windscreen of the motorhome, writes a letter confirming acceptance, places this in an envelope enclosing also a cheque for £28,000 and posts this to number 24 Privot Drive via a royal mail post-box at the end of the street. The letter is delayed but finally arrives at Alison’s house on Friday via a neighbor.

Alison decides to accept Bernard’s offer at 2:30 pm on Monday. She posts a letter to Bernard’s business address stating, ‘I agree to sell on your terms. With it being a lower price can you pay me in cash?’

At 8 pm on Monday, Alison enters her study and picks up Clare’s note. Upon reading this she immediately telephones Bernard’s business premises and leaves a message on the answerphone to the effect that Bernard should ignore the letter she sent earlier that day because the deal is off. Bernard is away on business and only listens to Alison’s recorded message upon his return on Thursday morning.

Required:

Analyze the contractual position of each party in this scenario.