Sue makes a new offer of $180 000 to Johnny to buy a 50 per cent share of The Lame Duck restaurant. Sue tells Johnny that if she does not hear from Johnny before 5.00 pm she will assume the offer has been accepted. Johnny does not communicate acceptance before 5.00 pm.

(1) If Johnny refuses to proceed with the sale, can Sue enforce the contract?

(2) If Sue refuses to proceed with the sale, can Johnny enforce the contract?