Question
Susan wanted to replace the carpet and furniture in her dining room. She decided to advertise the Persian carpet for sale. She placed a notice
Susan wanted to replace the carpet and furniture in her dining room. She decided to advertise the Persian carpet for sale.
She placed a notice in the window of a local shop. SeeDocument A.
After two weeks, Susan had received no phone calls regarding the carpet, and so she wrote to her friend Kamla offering to sell her the carpet for 300. Kamla had always admired the carpet. Susan told Kamla that she needed to have an answer by 1 December.
Kamla received the letter on 19 November. On the same day she posted a reply saying "I'll buy the carpet for 300. I would like you to deliver it to me if possible".Kamla's letter was lost in the post and Susan never received it.
On 28 November, Bhati told Susan that she had recently seen Kamla, and that she had mentioned buying the Persian carpet. Susan immediately phoned Kamla, but there was no reply. On the same day, Susan sold the carpet to someone else.
Susan saw an advertisement for a furniture auction- seeDocument B. She was especially interested in a lot comprising a Hudson Oak dining table and chairs. On 2 December, Susan attended the furniture auction which she had seen advertised.She bid 100 for the Hudson Oak table and chairs. There was no higher bid, but the auctioneer refused to sell to Susan (because he knew he could sell it to someone else for 200).
The next day, John, having seen Susan's advertisement in the shop window, phoned her and said he would buy the Persian carpet for 300. Kamla also phoned her and enquired about delivery of the carpet.
Both Kamla and John claim they have a contract with Susan for the carpet.
DOCUMENT A
FOR SALE
Persian carpet - 12ft by 6 ft.
Good Condition
300
Contact Susan: 01783 444521
: 077 6789 1432
DOCUMENT B
Robinsons Auction House
Furniture Sale
Date/TIME:2 December 2020, 2pm
VENUE:Robinsons Auction House, Wrexham Road, Chester
Catalogue of lots available on request or online atrobinsonsauctions.ac.uk
All LOTS TO BE SOLD WITHOUT RESERVE
Advise Susan:
(a)whether she has a contract with Kamla and/or John in respect of the carpet; and
(b)whether she has a claim against the auctioneer or the seller in respect of the Hudson Oak furniture.
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