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Bert posts a note on Kijiji that says: For sale: One trash can. Good condition. $ 5 0 . 0 0 . Oscar replies
Bert posts a note on Kijiji that says: "For sale: One trash can. Good condition. $
Oscar replies immediately by email: "I'll take that garbage can! I will bring you $ tomorrow. Please have the can ready."
When Bert's roommate, Ernie, comes home and learns that Bert has sold the trash can, Ernie flips. He tells Bert that they cannot possibly sell the trash can because it is a vintage can, a real collector's item. So Bert emails Oscar to say, "Sorry. The trash can is no longer for sale."
What is the best legal interpretation of what has happened in this scenario?
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Bert made an offer on Kijiji and Oscar accepted that offer, but Bert still has time to change his mind and cancel the contract so long as he informs Oscar before Oscar comes over to get the trash can
Bert made an offer on Kijiji and Oscar accepted that offer. So Bert and Oscar have a contract and Bert will breach the contract if he does not hand over the trash can.
Bert issued an invitation to treat on Kijiji and Oscar's reply to the ad was an offer. Bert has now rejected the offer, so there is no contract.
Bert issued an invitation to treat on Kijiji and Oscar accepted that invitation to treat, so he and Bert now have a binding contract. But Bert can still revoke the invitation, so he is not bound to give Oscar the trash can.
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