Question
Consider the scenario below, then write your answer to the four-part question that follows. You must answer all four parts of the question. Jennifer places
Consider the scenario below, then write your answer to the four-part question that follows. You must answer all four parts of the question.
Jennifer places the following listing on Gumtree:
I have an 8 foot statue of Brad Pitt in my front yard that needs to be removed before the block can be subdivided. It is a 20 year old marble statue supported by a steady marble base and should take well to being transported. I am prepared to sell it for $1000 if you arrange for removal before 1st March 2018. Please contact me via 0411 963 965 or j..r@gmail.com.
In each of the separate scenarios below, advise Jeremiah as to whetheran agreementhas been reached for the purpose of creating an enforceable contract. Explain your reason(s) for reaching this conclusion with reference to legal authorities where appropriate.
- Alex sends an email stating he is prepared to pay $850 for the statue but will not be able to pick it up until 20 March 2018. Jennifer replies stating he can have the statue for $850 but would need to remove it by 5th March 2018 at the latest. Alex says he can remove it on 5th March 2018 but is now only prepared to pay $750. Jennifer responds by saying: "Yes, great news about the5th, if you can make it $800you've got yourself a deal." (5 marks)
- Bianca calls Jennifer and states that she is interested in the statue. They arrange a time for her to inspect it. After walking around it silently for about 10 minutes,Bianca says "I'lltake it" and walks off to her car before Jennifer has a chance to reply. (5 marks)
- Mason emails Jennifer late one night to say he will buy the statue for $1000 and pick it up on 1 March 2018. When he wakes up the next day he realises there is no room for it and immediately sends Jennifer another email stating that he is no longer interested in buying the statue. Jenniferdoesn't see Mason's second email and replies to the first one, stating: "It's a deal."(5 marks)
- Stephanie calls Jennifer(who doesn't answer) and leaves a message saying she is on the way with $1000 and a team of 5 members of theSydney Brad Pitt Fan Clubto help transport the statue to their club house. She says she will leave the money in an envelope under the doorstep if she is not home. (5 marks)
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