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Kenneth has decided to try and sell his car by parking it outside his house with a notice on the windscreen stating: For sale. Pristine
Kenneth has decided to try and sell his car by parking it outside his house with a notice on the windscreen stating: "For sale. Pristine example-one owner $60,000.00 or near offer. Please call number 38 or telephone 57552525, only." On Monday at 9am, Justin sees the car, but as he is late for work he is unable to stop. He telephones Kenneth from work and makes an offer of $55,000.00 which Kenneth says he will consider. Charles calls Kenneth's house on Monday at 11.00am but Fiona, Kenneth's daughter, is the only person there. He therefore leaves a note reading: "Monday 11.05am. Please keep the car for me-here is a cheque for $60, 000.00 Charles." Fiona leaves the note on Kenneth's desk in his study. On Monday afternoon, Kenneth decides to accept Justin's offer and posts a letter at 2.30pm to Justin's business address saying: "I agree to sell on your terms. Because of the lower price cay you pay in cash?" At 4.30pm on Monday, Kenneth reads Charles's acceptance and immediately telephones Justin's business address, leaving a message on the recorded answering machine: "Ignore the letter you will receive-deal off. Kenneth." Justin is away on business and only listens to the tape on Wednesday evening. At 2.15pm on Monday, Donna sees the notice and hurriedly posts a letter of acceptance and cheque for $60, 000 in time for the 3.00pm postal collection. Unfortunately, as Donna misaddress her letter, it only arrives on Friday. Advise each party as to their legal position using Consideration Law
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