Question
Carrie owns five cats which she has decided to sell as she is moving to a small apartment in Mongkok. She places an advertisement in
Carrie owns five cats which she has decided to sell as she is moving to a small apartment in Mongkok. She places an advertisement in a local newspaper. Five different buyers approach her.
1)Buyer A, Maria, would like one cat for her daughter. Maria arranges to inspect the cats. Carrie informs Maria that the cats are all very friendly and tame. Carrie also states that the cats are all pure breed and is worth a lot of money. In fact, Carrie did not inform Maria that the cat, whilst being very friendly, is scared of children and react aggressively to children playing with them. Maria decides to purchase a cat. Maria decides to give the cats to Mary for her birthday. When Mary releases the cats from the cage, the cat scratched children at the birthday party. Can Maria cancel the contract?
2)Buyer B, Jason, asks the price of one cat. Carrie tells him that each cat is $2000 and that he has one week to accept the offer. Jason offers $1500 the next day. Carrie refuses. One day later he says he would like to accept the original offer. Is there a binding contract?
3)Buyer C, Horace, is a homeless man. He has been friends with Carrie for a long time because she works at a homeless shelter. Carrie offers to give him a cat for free to keep him company. Horace accepts. However, Maria then decides to rescind the offer because she is worried the cat would rather stay in an apartment. Is there a binding contract?
4)Buyer D, Tina, is a sixteen year old schoolgirl. She offers $2000 for a cat because she needs it to keep the mice out of her apartment. She promises to pay the money within one week of receiving the cat, and assuming it is good at catching mice. The cat is good at catching mice, but Tina cannot raise the money. Carrie sues Tina. Who will win and why?
5)Buyer E, Flora, wanted a breed of cat called a Siamese. She called up Carrie six months after the advertisement was placed. Carrie was desperate to get rid of the cat(s) by this point. Carrie's cats were not Siamese, but did look similar, and Carrie knew this. Carrie informed Flora that she was unaware of their breed, but that Flora could come and look. Flora decided the cat was Siamese, and paid $2000. She later discovered that it was not Siamese. Can Flora void the contract?
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