Question
On the 1st of January, David by three separate letters which he posted to Ann, Bev and Cathy informed them that he was selling his
On the 1st of January, David by three separate letters which he posted to Ann, Bev and Cathy informed them that he was selling his 2004 BMW car for $1M. He stated in the letter that the offer would remain open until the 8th of January. All three persons received the letters in the post on the following day. Ann on receiving the letter thought it was a good price. She immediately replied to David stating that she was interested in buying the car and that she wanted a BMW expert to give her his opinion on the car. On the 9th January, she posted a cheque for $1,000,000.00 to David. Immediately Bev received the letter, she telephoned David but he was not around to take the call, she left a message on his answering machine stating that in her opinion the car was overpriced and that she would pay $800,000 for it. Davids answering machine was faulty so he did not retrieve the message. Bev waited for Davids response and not wanting to lose the car left a second message on Davids answering machine that she had reconsidered her position and that she would buy the car for $1M. David retrieved both messages left by Bev on the 3rd of January. Cathy on receiving the letter responded by posting a letter to David on the 2nd of January stating that she was willing to buy the car at the stated price of $1M and thanking him for the offer. The letter posted by Cathy was delivered to David on the 7th of January. On the 4th of January, Cathy sent a fax to David asking him to ignore the letter she had posted on the 2nd . This fax was never received by David. Meanwhile on the 5th of January, David advertised the car for sale in the newspaper having been advised by a friend that he could get a much higher price for the car. David was visited by a couple who responded to the Ad. The couple introduced themselves as Mr. And Mrs. Chin, owners of a popular supermarket chain in Kingston. David thought that Mrs. Chin looked very young but he did not want to embarrass himself so he did not ask the couple to prove their identity. They gave David a cheque for $1.3M and drove away the car. On lodging the cheque, David discovered that there was no money in the account. H has also discovered that the couple he sold the car to was not Mr. and Mrs. Chin but Tricksters. The lady who is a 17 year old high school drop out and her 25 year old boyfriend have been defrauding businesses in Kingston. The car has been resold to a Utech lecturer for $500,000 and the boyfriend has absconded with the money leaving the girl behind. David has located the Utech lecturer and the girl. Ann, Bev and Cathy, who has changed her mind again and now wants the car. They are all claiming ownership of the car and they are insisting that David should recover the car from the Utech lecturer. Advise David on all issues arising.
(b) David is quite perturbed and checks into the Sandshore Hotel to "breeze out". He signed a contract which he never read, with one of the terms being that the hotel will not be responsible for any car that has been parked in the hotels parking lot which is damaged or stolen. Upon arriving in the room, David sees a sign on the bedroom wall informing him that the hotel is not liable for any items missing or stolen from the room. David left his Movado Watch in the room and went to dinner. Upon his return to the room his watch is gone. David has informed the manager of the hotel that he will be suing them for the cost of the watch and decides to leave to see his Attorney-at-Law. Upon reaching the car park, he sees the bumper of his vehicle on the ground and substantial damage to his bumper. David who is by now in a rage, returns to the hotel and informs them of the damage. The hotel is stating that they are not liable for either the damaged car or the stolen watch. Advise Sandshore Hotel.
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