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Charlotte has also been dealing with some other issues with her business operations. She has solicited your advice as to her contractual liabilities and rights

Charlotte has also been dealing with some other issues with her business operations. She has solicited your advice as to her contractual liabilities and rights arising out of these circumstances:

In the first week that Charlotte opened her physical store in Sydney, she decided to hold a store opening offer on a special variety of blue orchids that were usually a best-seller. She posted an advertisement on social media that displayed a picture of the orchids with the words "Orchids On Sale $25". On the first day of business, Charlotte sold all 15 of the blue orchids that she had in stock by lunchtime. In the afternoon, Gerald came into the store seeking to buy an orchid and Charlotte explained that the only orchid she has left was a pink orchid that cost $55. Gerald demanded that he only pay $25 as advertised.

After the orchid confrontation with Gerald, Charlotte is quite flustered and decides that she needs to buy in more orchids. She does not have time to grow them herself so she calls her rival competitor, Mark from Quick Plants to see whether she can purchase some orchids from them. Mark tells Charlotte that orchids are in hot demand but he knows she needs a helping hand and asks her whether she would like to buy 50 orchids at $28 each. Charlotte says to Mark, "At that price I wouldn't even be able to cover my costs. I will give you $18 each." Mark laughs at this price and Charlotte hangs up the phone determined to find a better price elsewhere. After a whole day of searching, Charlotte is unable to find a better price and decides to purchase the orchids from Quick Plants as she is desperate. She telephones Mark and says she will pay $28 each for 50 orchids but Mark has changed his mind and no longer wants to sell the orchids. Charlotte is furious. She thinks Mark is deliberating making her life difficult.

One busy Tuesday morning, Charlotte receives a letter from succulent enthusiast, Barbara that says "I want to buy 100 succulents at a price of $13 each. Please confirm whether you can complete the order by 5pm on Friday." Barbara's letter head includes the following contact details: her phone, email and postal address. Charlotte is not sure whether she should agree to this as this would mean she is completely out of succulents until she is able to harvest some more of them next month. She decides to sleep on it.

On Thursday evening, Charlotte's decides to sell Barbara the succulents as she needs some quick cash flow to meet some upcoming payments. Charlottes emails Barbara confirming she agrees to Barbara's terms.

Barbara doesn't check her emails regularly as she is always forgetting her password. The following Tuesday morning, Barbara checks her post box, she is excited to plant her new garden bed. Unfortunately, there is no letter from Charlotte.

On Wednesday, Charlotte still hasn't heard from Barbara and by this point Charlotte is desperately relying on the money from the sale. She telephones Barbara to see when she is coming to pick up the succulents, Barbara tells Charlotte that as she did not receive any letter from Charlotte, Barbara decided to purchase the succulents from Quick Plants instead.

When Charlotte first viewed the old warehouse for her new physical store in Sydney, she discussed with the owner of the building, Paul, the need to install furniture to allow enough room for her plants. Paul told Charlotte that this would be fine, he said that he was happy for her to lease the warehouse and that he would get his lawyer to send Charlotte the lease agreement paperwork to sign. Charlotte had a lot of work to do to set up the warehouse as her shop, so relying on Paul's word, she set about purchasing $25,000 worth of furniture. Two months later, Charlotte received a letter from Paul's solicitor stating that he did not intend to proceed with the lease.

Assume that you are Charlotte's solicitor and that she has asked you for legal advice. Advise her as to what contractual liability, if any, she has in the above circumstances, citing relevant case law authority discussed in your learning materials and using the ILAC format.

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