Question
On 8 March 2021, Mike placed an advertisement in the newspaper for the sale of his car - a black BMW Z4 for $480,000. He
On 8 March 2021, Mike placed an advertisement in the newspaper for the sale of his car - a black BMW Z4 for $480,000. He also placed the same advertisement on e-motor, a popular website for selling cars. Samantha called Mike on the same day and took the car for a test drive. The next day, she called Mike and said "I am interested in buying your car - the black BMW Z4. Are you willing to take $400,000?" Mike said he is prepared to take $450,000 in cash and he gave her his bank account number. Unfortunately, Samantha said can only afford to pay $430,000. Mike then told Samantha he needed time to think about it and he will call her back later.
On 9 March 2021, Toby saw the advertisement online. He sent an e-mail to Mike and expressed his interest in buying the black BMW Z4. Toby checked the specification of the car and he asked for a reduction in price. Mike said he is prepared to take $450,000. Toby said he will ask his wife first and he will be in touch later. Since Toby will be out of town for a week, he asked Mike whether it is possible for further communication to be done by post. Mike agreed and gave Toby his address.
On 11 March 2021, Samantha called Mike at 10:00 am. Mike missed her call, and she left a voicemail on his phone and said "You did not call me back, I assume you for fine with the price and the car is mine for $430,000". Samantha transferred $430,000 to Mike's bank account at 4:00 pm. Mike heard the message at 6:00 pm and he sent a message to Samantha and said "I am sorry, but I regret to inform you I am no longer able to sell you my BMW Z4". Samantha tried to contact Mike afterwards, but he ignored her calls and blocked her messages.
On 12 March 2021, Toby wrote a letter and a cheque to Mike for $450,000 to complete the deal. He sent the letter by registered post at 3:00 p.m. Mike eventually received the letter on 19 March 2021, but he had already sold the car to a third party on 17 March 2021.
Advise Samantha and Toby.
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