Contract Law

Terry places the following listing on Gumtree:

I have a vintage 2014 BMW F800 GT motorcycle that I am selling before I head overseas. The bike is currently unregistered so you will need to arrange a small truck or van to take it away. I am prepared to sell it for $8000 if you arrange for removal before 10 February 2023.

For each of the separate scenarios below, advise Terry on whether an agreement has 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.

A. Scarlett calls Terry and states that she is interested in the bike. They arrange a time for her to inspect it. After walking around the bike silently for about 10 minutes, Scarlett says, "I'll take it" and walks off to her car before Terry has a chance to reply. (2 marks)

B. Moose emails Terry late one night to say he will pay $300 for the bike and will pick it up on 5 February 2023. When he wakes up the next day, he realises that the registration and insurance is going to cost too much and immediately sends Terry another email stating that he is no longer interested in buying the bike. Terry ignores Moose's second email and replies to the first one, stating: "It's a deal." (2 marks)

C. Willow calls Terry (who doesn't answer) and leaves a message saying she is on the way with $8000 and a van to pick up the bike. Willow says she will leave the money in an envelope under the doorstep if Terry is not home. (2 marks)

D. Sofia sends an email stating she is prepared to pay $7000 for the bike but will not be able to pick it up until 20 February 2023. Terry replies stating she can have the bike for $7000 but states that Sofia would need to collect it by 15 February 2023 at the latest. Sofia says she can collect it on 15 September 2018 but is now only prepared to pay $6800. Terry responds by saying: "Yes, great news about the 15th, you've got yourself a deal." (2 marks)