Question
Emily wishing to impress his friend Stacey, goes with Stacey to an antique shop. She inspects an antique dining table and asks the shop assistant
Emily wishing to impress his friend Stacey, goes with Stacey to an antique shop. She inspects an antique dining table and asks the shop assistant the price. The shop assistant tells her that the price is $5,000. Emily says to the shop assistant that she will take it and gives her address to the shop assistant to deliver it to her home. Payment will be on delivery.
When the table arrives, Emily telesphones the shop and tells the shop assistant that he was only pretending to buy the table and that she had no intention of going through with the purchase. The shop assistant tells her that Emily must pay for the table.
Is there a binding contract between Emily and the shop? Discuss this situation using case law to support any argument you may make.
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