Question
Mary offers her BMW for sale to Ben. She says: Ben, I offer you to buy my blue BMW registration number 'DW007' for $100,000. It
Mary offers her BMW for sale to Ben. She says: "Ben, I offer you to buy my blue BMW
registration number 'DW007' for $100,000. It is a wonderful car and the latest of its kind.
It is only 6 months old."
Ben takes Mary's car for a test drive and goes to Tony, a Car Dealer and Tony advises Ben that
the BMW is indeed the latest model and he is getting a great deal. Ben does not know that Tony
is Mary's cousin who happens to know that Mary really wants to sell her car. Upon Tony's
advise Ben purchases the car from Mary for $100,000. After a week when Ben takes the car to
Disneyworld Automotives for servicing, he is asked to buy some parts. At the spare parts shop he
realizes that the BMW, which he has bought is not the latest model, and that there are 3 later
versions already in the market. He then goes back to Disneyworld Automotives with the parts,
and discovers that the car is more than two years old. Ben decides to confront Mary and when he
turns up at Mary's house, he overhears Tony and Mary's conversation as to how they fooled Ben
and sold a BMW worth $50,000 for $100,000. Ben decides to sue Mary
a. From the above identify statements which constitutes
Offer
Acceptance
Invitation to treat
Counter offer
Support answers with cases.
b. Did the parties provide genuine consent
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