Question
On 30th May, Xavier places a notice in the for sale section of a newspapers classified ads seeking to sell his model train set for
On 30th May, Xavier places a notice in the for sale section of a newspapers classified ads seeking to sell his model train set for $2,000. He includes basic details of the set and his contact details in the notice.
On 1st June, Yan makes a phone call to Xavier and offers $2,500 payable in 3 months time. Xavier says he needs to make a sale without delay and cannot accept those terms.
On 2nd June, Zeb makes a phone call to Xavier and says Ill give you $1,600 cash payable within 7 days. Xavier then replies that hed take $1,800 cash payable within 7 days.
Zeb then asks Xavier if the train set includes a model of the Biggin Hill steam train. Xavier says he will have to check and get back to Zeb in a few days.
On 3rd June, Xavier posts a letter to Zeb cancelling his offer to sell at $1,800 cash payable within 7 days. This letter is received by Zeb on the 7th of June. On the morning of 5th June, Yan sends an email to Xavier saying that he no longer needs 3 months to pay, and he therefore accepts Xaviers offer in the newspaper on 30th May to sell the set for $2,000 payable immediately. Zeb posts a letter on the morning of 6th June to Xavier accepting Xaviers offer to sell the set for $1,800 cash payable within 7 days.
Has Xavier entered into a valid simple contract to sell his train set, and if so, with whom? Consider each of the transactions and provide your reasoning.
For the above case study, i think Xavier has entered in contract with Zeb. As for contract with Yan, there was not contract as Xaviers newspaper advertisement was merely an invitation to treat for others to make offer to purchase the train sets. Yan have to make offer to Xavier to purchase the train set instead of accepting the newspaper advertisment which was invitation to treat. This offer should be accepted by xavier to form a valid contract.
so is my point of view on Yans case correct ?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started