Question
Melissa placed an advertisement in the newspaper on the 1st of June for the sale of her grand piano. The advertisement read as follows -
Melissa placed an advertisement in the newspaper on the 1st of June for the sale of her grand piano. The advertisement read as follows - 'Steinway & Sons grand piano for sale. Tiptop condition. RM50,000. Negotiable. Contact Melissa at her email.
On the 2nd of June, Derek emailed Melissa and said he would like to buy the piano for RM45,000. Melissa replied, "No, the final figure I will agree to will be RM48,000. Derek then asked 'will you accept RM48,000 but I pay by 3 equal instalments of RM16,000 in 3 consecutive months starting from June. Melissa answered Derek's email, "No, it has to be full payment of RM48,000 by cash or cheque".
Meanwhile, Elle came later in the afternoon ready to pay RM48,000 by cash and Melissa agreed immediately to sell the piano to her. Derek was furious when he called Melissa on the 3rd of June and was told that the piano is no longer available.
Advise Melissa whether Derek can successfully sue her for breach of contract. Did Derek have a contract with her?
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