Business Law BLO1105 Victoria University

Joan owns a Honda City car that she advertises for sale in an automobile magazine for $20,000. After the advertisement appeared, Joseph telephones to say that he would take it for $17,000. Joan then says that she has changed her mind and is not sure that she wants to sell it at all. However, she indicates that if she was to sell it she would want at least $19,000. Joseph then offers her $18,000 for the car. Joan then tells Joseph that she will not sell it for $18,000 but that she will keep her offer open to Joseph for four days. She states that if she does not hear from Joseph for four days she will presume that the offer has been accepted.

The next day Joan meets an old friend Andy, who tells Joan that he is looking for a Honda car for about $19,000. Joan informs Andy that she has just what he wants and, after some discussion, Joan sells her car to Andy for $19,000.

Later that same day, Joseph overhears Andy telling some friends about the car he has just bought from Joan. Joseph immediately rings Joan and informs her that he will take the car for $19,000. Joan replied, "Sorry, Joseph. I have just sold the car to Andy".

Is there a contract of sale, and if so, between whom and at what price?