Question 5

Mark Anthony, a cloths retailer, wants to buy 100 pieces of stylish pyjamas from Rosalinde Voucher, a wholesaler. She tells him over the phone to hold open an option for 10 days against the payment of USD 25 over a total purchase price of 1,500 USD. Mark agrees to pay the USD 25. On the same day, he wanders around in downtown and sees the same pyjama for USD 12,99 per piece in another store.

He tries to reach Rosalinde per phone, but she is out on a lengthy business trip. Therefore, he writes a letter rejecting the offer. Afterwards, he gets into negotiations with the pyjama store in order to get 100 units. Unfortunately, that pyjama in the window was the last piece of that merchant.

Therefore, Mark tries to intercept his rejection letter to Rosalinde, but he is not successful. Because of a complete blackout that evening, he cannot write one e-mail either.

After her return from the business trip the next morning, Rosalinde finds the rejection letter of Mark in her mailbox. It is then 7 am. At about 8:30 am, she subsequently sells the 100 pyjamas to King Erecto III., another retailer, for USD 1,400.

After she has made the deal perfect, she reads her e-mails and finds one from 7:30 of this morning. It is from Mark, who tells her that his rejection letter was revoked and that he still intends to buy the pyjamas. Rosalinde immediately, at around 9 am, writes back that the pyjamas have already been sold to someone else. Mark is furious and answers that this had not been legal, since she promised to hold open the option for 10 days.

Question 5.1: Who is correct here? What, if anything, can Mark claim from Rosalinde? Please justify your answer in detail. (Disregard any possible requirements under the Statute of Frauds)

Case 5.1

Imagine that, in the case above, Rosalinde did not offer the option over the phone but instead mailed the same declaration in writing and signed it, without demanding any consideration for the option. Also assume that the rejection letter was never sent to Rosalinde but only the acceptance e-mail (without the part revoking the rejection) and that she sold the pyjamas nevertheless to King Erecto III.

Question 5.2 What kind of interest and which amount could Mark claim in that scenario? Please justify your answer in detail. (Disregard any possible requirements under the Statute of Frauds)