Question
Paw Woker, a car enthusiast intends to sell his vintage 1932 Mercedes Benz SSK and advertises it in a local news daily on Monday. The
Paw Woker, a car enthusiast intends to sell his vintage 1932 Mercedes Benz SSK and advertises it in a local news daily on Monday. The selling price is $250,000 with room for minor negotiation. Vin Dizel comes across the advertisement and calls Paw to make an appointment to view the car. On Tuesday, they meet at Paw's garage and Vin takes the car for a spin with Paw sitting beside him.
After the test drive, Vin tells Paw that he likes the car very much. He asks for the lowest possible price and Paw says that if he is really interested, the lowest possible price Paw can offer is $230,000 cash. Vin tells Paw that he would be more comfortable with a price of $220,000 to which Paw rejects, saying that the 1932 Mercedes Benz SSK is a rare collector's car and there are only a few in the world in running condition. He further says that he is confident that there are other car enthusiasts who are more than willing to pay $230,000 or even higher. Vin thought for a moment and say: "I am definitely interested and I think you are right that it's a good price for its condition. But payment in two instalments would suit me better due to the amount of money involved. What do you think about that?" Paw replies that he would like some time to think it over and will let him know soon.
On Thursday evening, Vin goes for a drink at a local pub with his brother Jason. The topic of conversation turned to Paw's Mercedes, and Jason informs Vin that he heard that Paw's neighbour, Dwayne Rocky, had also seen the car and seemed very keen to buy it for $250,000.
Vin immediately sends a message through Whatsapp to Paw:"As I am anxious to complete this deal, I accept your offer made on Tuesday to sell the 1932 Mercedes Benz SSK to me for $230,000 cash on delivery. Please contact me soonest possible to arrange delivery." Paw replies, saying that Vin is too late in accepting the offer as the car has been sold to Dwayne (Paw's neighbour) earlier in the afternoon. Vin is furious and rings Paw to say:"But you can't do that, I agreed to your price and we have a deal."
Pawseeks your advice about his legal position. Use decided cases/case law to support your arguments.
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