Question
Case Study: On 1st October Alex placed the following advertisement (with a photograph) on Classic Cars, a website for vintage car enthusiasts. 'For sale: 2019
Case Study:
On 1st October Alex placed the following advertisement (with a photograph) on Classic Cars, a website for vintage car enthusiasts. 'For sale: 2019 Triumph Herald, 5,000 km, showroom condition; $50,000 for quick sale.' He includes an email address, mobile telephone number and postal address.
On 2 October at 2.00 pm Bob reads the advertisement and sends a text message to Alex's mobile 'phone ' Can you send more photos. How about $45,000?' Bob includes his email address. Alex receives this message and reads it on the same day. In response, Alex sends three photographs by email with a message saying '$50,000 is the lowest price. Must hear from you by 4th November.'
On 3 October at 5.00 pm Charles sees the advertisement on the website and sends an email stating 'Please reserve Triumph Herald for me at $50,000. Deposit in the post.' Alex is not on-line at the time, but his computer's server sends an automated message in his name: 'Thank you for this message. Alex will reply as soon as he is able.'
On 4 October at 3.00 pm Bob leaves a message (with his name) on the answer-phone of Alex's mobile telephone '2019 Triumph Herald: agreed at $50,000.'
On 5 October at 9.00 am a cheque for $500 drawn by Charles arrived by post at Alex's address together with a note stating 'with Charles's compliments as per our agreement'. Alex deposits Charles's cheque in his own bank account immediately. At 10.00 am Alex switches on his mobile 'phone and listens to Bob's telephone message.
On 6 October Bob and Charles both send messages (email) to Alex stating that they are looking forward to collecting their car and ask what arrangements for delivery they should make.
Discuss the contractual consequences, if any.
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