Max recently opened a new environmental consulting business in Yaletown.One morning he received a brochure that listed various pieces of artwork for sale at Ben's gallery.Max thought that the painting entitled "Vancouver Dream" by Dudu Kwawele, a local artist, would be perfect in the atrium at the front entrance of her new office.The asking price for that particular painting was $52,000.

The brochure also indicated that all correspondence was to be made in writing and sent by mail or courier to the gallery at the specified address. Max wrote to Ben on the 5^thof March and indicated in her letter that she was willing to pay $34,000 for the painting.Ben responded by post on the 10^thof March that he would be happy to part with the painting for $45,000.Max posted a letter on the 14^thof March stating that she agreed to the price of $45,000.Overnight, however, Max decided that she preferred a more contemporary painting to go along with the dcor in her funky new office space.On the morning of the 15^thof March, Max sent a fax to Ben stating "Ben, I am sorry but I have decided not to buy your painting for $45,000."Ben received the fax and sold the painting to another buyer the next day (March 16^th) for $45,000.

Ben received Max's letter on the 29^thof March.The letter took so long to reach Ben because it had been improperly addressed.A sudden surge in the price of Kwawele artwork has caused the appraised value of the painting to soar to over $200,000.

Can Max argue that he has a binding contract with Ben?In your answer:

i)identify the issue;

ii)discuss the relevantlegalprinciples;

iii)relate the legal principles to the facts of the situation; and

iv)provide a conclusion.