Question
Daniel owned a rare Harley Davidson motorcycle that he loved to ride. However, due to the COVID-19 pandemic he was out of his job as
Daniel owned a rare Harley Davidson motorcycle that he loved to ride. However, due to the COVID-19 pandemic he was out of his job as a marketing manager in a travel company and decided to move to regional NSW to join the family farm with his parents. Before moving, he decided to sell the motorcycle. One weekend he placed flyers advertising it for $30,000 in the mailboxes of every residence in the apartment building he lived in, as well as on his Facebook page. Peter, who lived in the same building and was a pharmacist by occupation, read the flyer after work the next day. He really wanted the motorcycle but wanted to check a few matters with Daniel first. So he telephoned Daniel on 3 March and said: "Mate, I'm interested in this bike of yours but can you go lower?" Daniel replied: "Look, there is no way I would go any lower than $29,000 - take it or leave it." Peter said he would think about it, so Daniel hung up. The next day Peter sent an email: "Daniel, please understand the delivery costs will be about $1000, then there is insurance of about $2500, and I have to register it with the government - that's at least another $500 - so how about you sell it to me for, say, $25,000?" Daniel replied by email that the bike was registered for another eight months, equivalent in value to $700, and that it included several expensive custom parts. If he took the parts off he might sell it for $25,000, but another buyer had offered him $29,000. Fearing a trick, Peter replied by email: "Ok, you sell it to them instead." Several days went by and Daniel had not been able to sell his motorcycle. So he wrote an email to Peter, saying: "I'd like to sell you the bike at the amount of $25,000, provided you pay by cash or direct debit into my bank account. I am leaving the city in 7 days but I will be back after one month. If I don't hear from you by then I'll assume you don't want it." He supplied his bank account details. Peter received and read the email but didn't answer it, thinking this would just build the pressure on Daniel and force him to lower the price. Three weeks later, during a conversation with a motorcycle dealer, Peter came to know that the resale value of Daniel's bike would be much higher in the next few years than the price at which the bike was offered. When he got home, Peter rang Daniel to say he accepted Daniel's offer. Daniel replied: "Sorry, mate, I sold the bike to another bloke. He offered $28,000." Peter got angry and said: "That's not fair! I will see you in the court." Is there a legally binding contract between Peter and Daniel in relation to the motorcycle?
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