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On the 3rd of January, David sold the car to Shawn for $125,000. 0. Two days later, Donovan posted a letter to David accepting the offer. David immediately telephoned Donovan to say he had already sold the car to Shawn. Advise Donovan as to his legal position. 2. Alex who is migrating from the island wrote two separate letters offering to sell his furniture. One letter offered to sell his home furniture to Betty for $10,000 and the other letter offered to sell the same furniture to Cecil also for $10,000. The letters were issued on Friday at 9:AMA and stated that the offer will be open until Monday at pm.
On Monday morning, Betty telephoned Alex asking if she could pay $8,000 and he ejected this. Betty later wrote a letter stating she accepts the $10,000 price and personally gave this to Alex at 1 pm on Monday. Cecil on the other hand, sent a fax message to Alex on Monday morning at 9:AMA asking if he wants the $10,000 to be paid in cheese or cash. Alex received the fax message but never replied. At pm the same day Alex was personally handed a letter of acceptance by Cecil. Alex refused to sell the furniture to Betty and Cecil and has sold them to Debbie for $15,000.
Advise Betty and Cecil whether they can sue Alex for breach of contract. 3. Matthew made an offer to Mark to sell him a computer. This offer was made by January if he was interested. At 8:00 am on the 2nd of January, Mark faxed a letter asking Matthew if a printer was included in the sale. Matthew immediately left to the country to acquire a printer without responding to the fax. He did not return until the 5th of January. Meanwhile, on the 2nd of January at about pm, Mark faxed an acceptance letter. When Matthew returned on the 5th he saw the fax.
He telephoned Mark and informed him that he had sold the computer to his friend in the country on the 3rd because he thought Mark was no longer interested. Advise Matthew and Mark. . Heartless Enterprises Co. Sent a letter to Septum offering him $200,000 to pay for his son’s Tech fees. The letter stated that Septum should: … Sign in the space provided to indicate your acceptance and return by post on or before November 5″. Septum looked at his calendar and realized that it was November 5th. He and his son sprinted towards the Post Office because it was closing shortly.
The exertion was too much for old Septum and he suffered a heart attack. He said to his son: ” it’s too late for me now…. Mail this letter before the post office closes” His son oilfield Septum’ dying wish and as he was leaving the post office he received a call that his father Just died. Heartless Enterprises refuses to pay the scholarship. Advise Septum’ son. 5. Miss Black a 17 year old under-graduate of TECH who lives in Old Harbor entered into an agreement with Pacific Motors on the sale of Deadwood Racer car at $200,000. She agreed to pay for the car in installments, and after the first installment, she was allowed to the car. Four drive away Miss Black has refused to pay the subsequent installments after being informed by a friend that the car is actually worth $100,000. Presently, the car has been badly damaged due to an accident she had with it. She has refused to repair the car and return it to Pacific Motors. 6. Peter advertised his bike for sale in the newspaper. John comes in and offers to buy it for an agreed price. John asks Peter if he can pay by cheese and Peter refuses.
John pulls out an identification card showing the name of Mark Richards a well known collector of fine bikes. Peter smiles, shakes John’s hand and says, “so pleased to meet you Mr.. Richards”. He then decides to accept the cheese. The cheese is dishonored. Peter wants to claim his bike but does not know where to find the arson to whom he sold it because he has discovered that John was an imposter. He does not report the matter to the police, nor to the motor vehicle registry, as he is of John but was happy to recover his identification card from Peter.
One week later, Arlene comes to Peter offering to sell him a bike. When Peter checks the serial number and discovers that it is the bike that he sold to the impostor. Peter would like to claim the bike from Arlene. Advise Peter. 7. Patrick advertised a Christmas sale in a local newspaper as follows:” Grand Exams sale, appliances at give away price. First 10 customers will get free electronic ovens”. The day the advertisement was published, Mary responded to it by faxing a letter of acceptance and Jane also visited the store and bought a deep freezer, She was the fifth customer that morning.
Meanwhile, Patrick discovered that he was unable to obtain the electric ovens at a cheap price due to a fire accident at his supplier’s warehouse. Patrick therefore placed another advertisement the next day canceling the free gift and apologizing for inconveniences. Mary and Jane are insisting that they are entitled to the free oven. Advise Mary and Jane. 8. Dan wrote Mark offering to sell him a block of shares in Muss bus Ltd. In his letter which arrived on Tuesday, Dan asked Mark” to let me know by next Saturday’. On Thursday, Mark posted a reply accepting the offer. At pm on Friday, Mark changed his mind and telephoned Dan.
Dan was not at home but his voice mail recorded Marks message stating that he wished to withdraw his acceptance. On Monday, Dan opened Marks letter which arrived that morning. Advise Dan. 9. Harry sent email messages to his customers informing them of his new arrivals. The emails listed various appliances with their prices. Mary, a retailer, one of Harry regular customers was one of the recipients of the email. She responded to the email informing Harry that she wanted 10 microwave ovens and suggested in her letter that Harry should reduce his listed price from $4,000 to $3,000 for each oven.
Paul, another retailer, responded to the email by asking for further specifications Betty, a 16 year old student who lives with Paul also saw the email and she replied placing an order for a CD player at the listed price at the listed price hoping that her parents would pay for it. Harry did not reply to Mary and Paul and they subsequently sent Harry cheeses for the microwave ovens and the flat screen TV at the listed price, which Harry intends he never received. Harry also sent his deliveryman to deliver the CD player to Betty.
Betty asked the man to come back the next day for the purchase money – The next day, Betty returned the CD player damaged and refused to pay for it. Advise Harry on his rights and liabilities. 10. On the 1st of June, Alex telephoned Mary telling her he may be selling his only car because of the constant mechanical problems the car was having. On the 3rd of June, Mary posted a letter of acceptance informing Alex that she would pay $100,000 for the car. Alex received the letter of acceptance five days later on the 8th of June.
On the 9th of June, Mary was given a contract by Tech for the supply of eight computers and she verbally offered Alex that they would perform the contract together as partners and share the profit. Alex immediately accepted and being very happy, he promise to sell Mary the car for $50,000. 00. Two days later, Alex changed his mind about selling the car. Mary is angry with Alex and intends to sue Alex for breach of contract based on her acceptance of 3rd of June. She is also contending that sharing the Tech contract with Alex is consideration for the car.
She has threatened Alex saying ‘no car, no contract’. Alex on the other hand is intending that there is a contract between himself and Mary to share the Tech contract and he intends to sue Mary for breach of contract. Advise both parties. 1 1 . Tech invites tenders in the newspaper advertisement of 1st of May 2004. The advertisement stated that the successful tendered would cater for the University guests at the 31st anniversary banquet. The advertisement also stated that all tenders must be received on or before pm on the 7th of May 2004.
Betty who lives in Montage Bay mailed her tender at the Montage Bay Post Office not opened and its contents were not known until the 8th of May because the envelope was not marked “tender” as the advertisement stated. Bob faxed a letter to Tech on the 2nd of May asking for further information to be sent to him. No further information was sent by Tech and he eventually faxed his tender on the 7th of May at pm. His fax machine showed that the fax was sent but Tech contends that no fax was received. Bee telephoned Tech on the 2nd of May and left a message on the answering machine, which was not retrieved until the 9th of May.
Meanwhile, Tech cancelled its invitation to tender by advertisement in the same newspaper on the 4th of May. Neither Betty, Bob nor Bee saw the second advertisement and each of them now contends that Tech is bound to give them the job because they have a valid contract. Advise Tech, Betty, Bob and Bee on all issues raised. 12. Joseph, a banking student at Tech, rents a hotel suite at Slippers, an all inclusive vacation resort for $20,000 for one night. He obtains a receipt from the receptionist at the front desk, which he immediately gives to his “matte”, Angier B.
She reads it and puts it in her bosom. The receipt states “for conditions see notice”. Joseph later discovers that his all-inclusive suite consists of a bare dingy room with a small bed. Upon the bed post is a notice which states: “The owners of Slippers will not be responsible for any loss of personal property or disappointment whatsoever or howsoever arising and shall require additional pay for effective security. ” Joseph subsequently realizes that the door to the suite cannot be closed and Angier B now complains that her Jewelry worth $20,000 which she left in the room is missing. Advise Joseph. 3. Jane who is migrating made an offer to sell her antique furniture to Betty for $1 M negotiable and also made an offer to sell her 2004 BMW car to Mary her older sister for $1. M not negotiable. Both letters were posted on the 1st of October. Betty received the letter on the 5th of October and immediately responded by posting a letter of acceptance the same day. Her letter stated that she would purchase the furniture for $1. MM on the condition that Jane delivers the furniture at her antique shop located at Engine. Jane did not receive the letter because it was delivered to the wrong address.
On the 10th of October, Jane telephoned Betty informing her that she could no longer wait for Betty’s response and that she had decided to sell the furniture to someone else. Jane hung up the phone before Betty got a chance to respond. Mary who also received Cane’s letter on the 5th immediately responded by $1. MM for it; because Jane was not expecting an email from any one she did not check her email immediately. Mary waited a couple of days without getting a response fro, Jane. Not wanting to loose out on the deal, she sent a subsequent email stating that she would pay $1. M. Jane subsequently opened her email and read both Marry first and second letters. Jane who is not sure about the legal position in respect to proposed transactions with Mary and Betty consults Ducks who advises her that she Anton have a valid contract with her sister and that she should instead sell both the furniture and car to Marvin Stewart, a 17 year old under graduate and son of a well known millionaire. Advise Jane. 14. On the 1st of January, David by three separate letters informed Ann, Bee and Cathy that he was selling his 2004 BMW car for $1 M.
He stated in the letter that the offer would remain open until the 8th of January. All three persons received the letters the same day the letters were sent. Ann on receiving the letter thought it was a good price. She immediately replied o David stating that she was interested in buying the card and that she wanted a BMW expert to give her his opinion on the car. She sent a cheese of $100,000. 00 with her letter to show her commitment in buying the car and requesting that David should not show the car to anyone until she gives her feedback on the 8th of January.
On receiving the response, David immediately lodged the cheese in his bank account. Immediately Bee received the letter, she telephoned David but he was not around to take the call, she left a message on his answering stating that in her opinion the car was over priced and that she would pay $800,000 for it. Davit’s answering machine was faulty so he did not retrieve the message. Bee waited for Davit’s response and not wanting to loose the car left a second message on Davit’s answering machine that she had reconsidered her position and that she would buy the car for $1 M.
David retrieved both messages left by Bee on the 3rd of January. Cathy on receiving the letter responded by posting a letter to David on the 2nd of January stating that she was willing to buy the car at the stated price of $1 M and thanking him for the offer. The letter posted by Cathy was not delivered to David until the 10th of January. On the 4th of January, Cathy sent a fax to David asking him to ignore the letter she had posted on the 2nd. Meanwhile on the 5th of January, David advertised the car for sale in the newspaper having been advised by a friend that he could get a much higher price for the car.
Based on the advert by a friend that he could get a much higher price for the car for $1. 3 M. Supermarket chain in Kingston. David thought that Mrs.. Chin looked very young but he did not want to embarrass himself so he did not ask the couple to prove their identity. They gave David a cheese for $1. MM and drove away the car. On lodging the cheese, David discovered that there was no money in the account. H has also discovered that the couple he sold the car to was not Mr.. And Mrs.. Chin but Tricksters. The lady begin a 17 year old high school ‘drop out’ and her 25 year old boyfriend who have been defrauding businesses in Kingston.
The car has been resold to a Tech lecturer for $500,000 and the boyfriend has absconded with the money leaving the girl behind. David has located the Tech lecturer and the girl. Ann, Bee and Cathy are claiming ownership of the car and they are insisting that David should recover the car from the Tech lecturer. Advise David. 15. BBC Company Ltd. Placed an advert in the newspaper requesting interested contractors to submit tenders for the supply of 40 gallons of lubricating oil for the company’s plant. The advert stated that all tenders must be received on or before October 5, 2004.
Interested persons were asked to supply all relevant information including how long they have been in business. Jane saw the advert in the newspaper and on the 2nd of October, submitted a quotation of $4,000 per gallon. She stated that she has been in business for 20 years when in actual fact she has only been in business for 10 years. She personally delivered the letter to the company’s main office and the company acknowledge the letter. Betty, did not read the advert but Jane gave her information about the content of the advert and she decided to submit a letter stating that she would supply the lubricating oil at $3,000 per gallon.
Betty faxed her letter on Friday the 5th of October at pm after closing hours. Immediately she sent the fax, she discovered that Jane sent a quote of $4,000 and realizing the limited profit she would make from the transaction, she sent a second fax stating that she was no longer willing to supply at that price. Mary based on the advert, telephoned the company for further inquirers at am on the 5th. In her conversation with the company’s General Manager, she informed him that she can supply the lubricating oil for $1,000 per gallon.
She was asked to immediately go to the company’s branch office close to her and sign the company’s standard form contract. Mary signed the contract at pm and later realized that she would not be able to supply at that price. She has informed the company that she will not be supplying. Advise the company. 16. On the 1st of April Allan, a wholesaler, wrote Ben a retailer and other retailers informing them that he had Just taken delivery of some video tapes and was offering them for sale at $5,000 per hundred. 30th of April”, and asked Allan to send Written confirmation as soon as possible’.
Ben heard nothing further from Allan and on the 22nd of April, he telephoned to find out whether Allan had received his order. Allan told him that everything was fine and that a confirmation would be on its way soon. On the morning of May 2, Allan posted a confirmation of Ben’s order but during the afternoon, he discovered that a number of the video tapes were defective. He Hereford no longer had enough to satisfy all the orders which had been placed. He immediately sent a fax to Ben stating, ” cannot accept your order as tapes sold out”.
Ben received the written confirmation the next morning. Advise Ben. 17. On the 10th of July 1998 Billy Clyde borrowed $20,000. 00 from Paul Reeves. It was agreed that, the money should be repaid on or before July 31, 1998. On the 20th of July 1998, Billy Clyde went to Paul Reeves’ home, paid him$1 5,000. 00 and said to him, “here is some of the money, I will pay you the remainder tomorrow. ” Paul Reeves, elated that Billy Clyde paid him $15,000. 0 so quickly, said to him, “Boy don’t worry with the rest. On the 1st of August of the same year Billy Clyde bought a new motorcycle with the $5,000 he had saved to pay Paul Reeves. When Paul Reeves saw Billy Clyde riding the motorcycle, he asked him how he got it. Billy Clyde replied, “with the money I was saving for you. ” Paul Reeves, who was upset by Billy Cycle’s answer demanded payment of the $5,000. 00. Paul Reeves has come to you for advice. Advise him. 18. Duke and Duchess went on a weekend trip to Pleasure Hotel, Mamba. At the reception desk, they signed a contract form which they never read and paid for the weekend.
One of the terms of the contract was that the cars of customers were parked at owners risk and that the hotel will not be responsible for looking after the cars. On getting to their room, they found a notice pasted on the wall stating that the hotel will not be responsible for any missing or stolen items from the rooms. They read the notice but never took it seriously. On the last night of their stay, Duchess’ diamond ring was stolen from her suitcase in the room and Duke’s car was stolen from the hotel’s parking lot. Both Duke and Duchess intend to bring an action against Pleasure Hotel for the cost of the ring and card.