Question
Keith places a notice in the window of his local minimart which states: 'Luxury car for sale; fully equipped and in exceptional condition. Price available
Keith places a notice in the window of his local minimart which states: 'Luxury car for sale; fully equipped and in exceptional condition. Price available on request'. Andrew contacts Keith on Monday to ask if he would be prepared to sell the car for $50,000. Keith says that he will only accept $55,000. Andrew says that he will think about it but he may need a few days to get the money together. Keith responds that he will keep his offer open until 11.30am on Friday but, if Andrew cannot find the funds by then, he will look elsewhere for another buyer. On Tuesday, Keith contacts Mia to ask if she would be interested in buying his car for $58,000. Mia replies that she is very interested and would like to know if the car has a Bluetooth car kit. Keith responds, 'Yes it does. It's yours if I receive your reply by the end of the day on Friday'. Mia posts her acceptance at 6.00pm on Wednesday evening and Keith receives her letter at 10.30am on Friday. On Wednesday, Gaston tells Keith that he would like to buy his car. Keith replies, 'I will sell for $58,000, however, as such a large sum of money is involved, I want written confirmation of acceptance by email'. Gaston telephones Keith later that day and leaves a voicemail on Keith's mobile phone saying he accepts Keith's offer. Later that day, Keith sees that he has a message from Gaston but accidentally deletes it before listening to it. On Thursday afternoon, Johnny offers Keith $57,000 in cash for the car. Keith accepts immediately. Keith posts letters to Mia and Andrew at 5.00pm on Thursday evening withdrawing his offers. Mia receives her letter at 9.30am on Friday but Andrew's letter never arrives. On Thursday evening, Andrew is at his local bar when he overhears Johnny saying, 'Drinks are on me. I've just got a great deal on a second hand luxury car!' Andrew does not know Johnny and so does not want to interrupt his celebrations, however, he is concerned that Johnny may have bought Keith's car. At 11.00am on Friday, Andrew contacts Keith and says he has the $55,000 and asks when he can collect the car. Keith responds that he has already sold the car to Johnny. Advise the parties as to any rights and liabilities which may arise in the law of contract.
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