Read the following fact pattern. Answer each sub-question below in whatever detail you feel is necessary to address the material adequately.

Facts:

Deandra is a fine arts student at Western University in London, Ontario. She has her own studio in an old shop on her parents' farm near St. Thomas, Ontario, which is only 10 km away from London, Ontario.

As a final project to fulfill the last requirement of her Honors' Degree in Fine Arts at Western University, Deandra decides to undertake a hugely ambitious project. Deandra designs and casts a bronze life-size statue of each of the "Famous Five" Canadian female suffragists (Emily Murphy, Irene Parlby, Nellie McLung, Louise McKinney and Henrietta Muir Edwards) from the 1920's. It takes Deandra hundreds of hours of work to complete the statues, and she has to borrow $5,000 from her parents for the bronze materials and casting supplies. The statues are also extremely heavy, with each figure weighing one thousand kilos.

Deandra's instructor in her bronze-casting course at Western, Robert, believes that Deandra's Famous Five statues are of exceptional quality. He calls a friend at the London Free Press, which runs an article on Deandra's Famous Five that includes pictures of the statues with a heading of "London Artist Honors Suffragists". On the last day of the term, Robert asks Deandra what she is planning on doing with the Famous Five statues. Deandra replies that she has no plans for the statues, but advises Robert that if he would like to buy them, she will sell them to him if he will reimburse her the $5,000 it originally cost her in materials to make them. Deandra says, "Robert, you have done so much for me as an instructor over the past years, I would love to give you the first chance to buy these statues." Robert responds by informing Deandra that he would love to buy the statues, but he has to check with his wife first and see if she is in favor of the idea before he makes any commitment. Deanna tells Robert that she will give him one week to talk to his wife and decide whether he will accept her offer before she looks elsewhere. She also tells him that he can give her his final answer via email sent to her personal email address since she won't be on campus in a week's time.

Two days after this conversation with Robert, Deandra receives a phone call on her cell phone from a woman who identifies herself as Erica. Erica advises Deandra that she (Erica) is a philanthropist who lives in London. Erica has seen the article on Deandra's Famous Five statues and would love to buy them, donate them to the City of London, and have them permanently displayed in a park alongside the Thames River. Erica offers Deandra $15,000 cash for the Famous Five statues, subject only to the condition that Deandra deliver at Deandra's own cost the Famous Five statues to a park of Erica's choosing alongside the Thames River somewhere in the City of London. Deandra accepts Erica's offer immediately over the phone. Deandra is not worried about the delivery condition because she knows she can borrow her Dad's pickup truck and utility trailer. Her dad also has a skid-steer that can be used to load and unload the statues.

Upon accepting Erica's offer, Deandra sends a text message to Robert saying that she is sorry, but she has sold the Famous Five statues to another party who is paying $15,000 and putting them on permanent public display. Upon getting this text, Robert immediately calls Deandra's phone, extremely angry. Robert advises Deandra that his wife had agreed to Robert's buying the statues and that Robert has already gone to the bank and gotten a bank draft for $5,000 issued in the name of Deandra. He complains, "After all I've done for you, I can't imagine that you would do this to me!"

2

Unbeknownst to Deandra, Erica does not live in London, Ontario, but rather in London, England. Erica did not read the article on the Deandra's Famous Five statues in the London Free Press newspaper, but rather in a Yahoo online posting, which had picked up and republished the article from the London Free Press. Erica had no idea where Deandra was based in the world, and assumed that the "London" reference in the article title meant London, England.

When Erica sends a follow-up email to Deandra designating the delivery location for the Famous Five statues as Barrier Park, Thames River, London England, Deandra feels immediately ill. Deandra checks with all the shipping companies in London, Ontario and finds that the least expensive quote for shipping the Famous Five statutes to London, England is $25,000. (P.S.- Both London, England and London, Ontario have a Thames River running through the middles of the cities.)

1. Does Robert have any legal remedy against Deandra? Fully explain your answer, stating the legal rules that would apply.(20 marks)
2. What would be the circumstance if Robert had e-mailed his acceptance before he received the call from Deandra saying she was selling to Erica instead? Fully explain your answer stating the legal rules that would apply.(10 marks)
3. Is Deandra bound by the terms of the agreement she made with Erica? Explain.(10 marks)
4. What would the implications be on Question C above if the facts were changed such that the phone conversation between Deandra and Erica occurred a week before Deandra' eighteenth birthday?(10 marks