Question
Peter has a garden maintenance business and wants to upgrade his ride-on mower. He sends Claude, who has a similar business in the same area,
Peter has a garden maintenance business and wants to upgrade his ride-on mower. He sends Claude, who has a similar business in the same area, an email to say that he is prepared to sell Claude his existing mower for $3,000. If Claude is interested, he is told to let Peter know by return email, and not to phone him, because he cannot hear the phone when he is working and he does not like to be disturbed during family time at home. Claude is quite keen and calls Peter's phone, leaving a message offering $2,500. Peter was annoyed that his phone was ringing at home, so he sent a text message to Claude to reject the offer. After thinking about it, Claude realised that the asking price was very fair, so he sent an email to Peter, agreeing to buy the mower for $3,000. Peter replied to say that he had already sold the mower to another contractor for the full asking price. Claude replies to say he had already accepted the offer the previous day when he left a phone message and that Peter had no right to sell the equipment to another contractor
Is there an agreement between Peter and Claude? Why/Why not?
Please use relevant case law (if any) to support your answer.
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