Question
Gayle, a car dealer, displays in her showroom a second-hand car, the windscreen of which is marked as follows: This week's special - 2019 model
Gayle, a car dealer, displays in her showroom a second-hand car, the windscreen of
which is marked as follows: "This week's special - 2019 model $23,999". Jane enters
the showroom and says, "That is just the car I have been looking for. I will buy it at
that price". Jane fills out a standard form and in the blank space set aside for the price
of the vehicle, Jane enters the sum of $23,999. The salesperson then takes the form
away for Gayle's signature. Gayle returns a short time later to inform Jane that the
price on the car had been wrongly marked and it should instead be $25,999 and Jane
therefore could not have it for the price indicated on the windscreen.
Jane is annoyed, but because she likes the car she proceeds to fill out and sign a new
form. Jane enters the new price of $25,999 and adds that she would like to have all the
windows tinted and a remote-controlled car alarm installed at that price. Jane also
verbally states that she would like the transaction completed within seven days of the
date indicated on the form (1 June). Jane gave Gayle her business card on which her
phone number, house address and email was stated.
The next day Gayle rings Jane and says that she cannot agree to the extra conditions
stipulated by Jane. Jane in return replies, "Would you consider instead - the same
price, tinted windows and a simple car alarm?" Gayle replies that she would think
about it and let Jane know by phone or email. On 7 June Gayle decides to sell the car
to Jane and emails to her that she can have the car for $25,999 with tinted windows
and a simple car alarm. The email is sent at 12:00 noon. At 2:00pm Gayle has a new
customer who is prepared to buy the car for $25,999 without any additional
conditions. Gayle rings Jane but only manages to get Jane's answering machine. Gayle
leaves a message on the answering machine informing Jane that she is not interested in
selling the car to Jane on the terms proposed by Jane.
Jane seeks your advice. You are required to trace and explain (using legal authorities)
the legal consequences of all communications between Jane and Gayle.
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