Question
You are a trainee solicitor in BM MMP. Your supervisor has asked you to advise on a number of contractual matters relating to one of
You are a trainee solicitor in BM MMP. Your supervisor has asked you to advise on a number of contractual matters relating to one of the firm's clients, Mr Ray. 1) Sale of paintings Last year Mr Ray inherited two paintings from his uncle. He does not particularly like the paintings and on Monday places the following advert in a local newspaper: "For sale - two paintings, circa 1950's. Price negotiable" The advert contains a photograph of each painting and Mr Ray's email address. Mavis sees the advert on Tuesday. She thinks that the paintings are by the famous artist Dale Salvadori and immediately sends an email to Ray saying that she will pay 200 for both of them. Ray emails back on Wednesday morning saying that he will accept 200 per painting and that Mavis should communicate her decision to him no later than Friday morning. On Wednesday evening, Ray receives an email from Polly. It states that Polly will pay 500 for both paintings. Ray responds to Polly's email straightaway, saying: "It is a deal. They are yours" On Wednesday evening he also sends an email to Mavis informing her that the paintings are no longer for sale. Mavis' email account is hacked on Wednesday morning and she cannot send or receive any emails. She sends a letter to Ray on Thursday morning saying that she is happy to pay 400 for both paintings. The letter is received by Ray on Saturday morning. By this time Ray has discovered that the paintings are by Dale Salvadori and refuses to sell them. Both Mavis and Polly each claim that they have a valid contract with Ray for the sale of the paintings.
a) Mavis v Ray and b) Polly v Ray, using the information provided. You must ensure that you: distinguish between an offer and an invitation to treat identify and explain the legal rules applicable to the acceptance of an offer
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