Question

Submission is through SafeAssign by 11.55 AEST Sunday of Week 9 of the relevant trimester Question 1 Malcolm has written a letter to his close friend, Linda. In the letter he offers to sell her his sports car for $4,500. Linda calls Malcolm and explains that she needs some time to think it over as she had not planned to buy a car soon. Malcolm tells her, “I'll give you until Monday July 19 to let me know whether you want the sports car." On Thursday July 15, Linda posts a letter to Malcolm agreeing to buy the sports car at the specified price. Later that Thursday, Malcolm is approached by his supervisor at work, Cynthia, who wishes to purchase Malcolm's sports car. Cynthia offers $5,000 for the car. Malcolm promptly accepts. He phones Linda and leaves a message on her answering machine telling her that he has decided to sell the car to Cynthia instead. Linda hears Malcolm's message on Friday July 16. Linda's letter to Malcolm is not delivered until Monday July 19. REQUIRED: With reference to relevant legal principles use the IRAC legal problem-solving approach to advise Malcolm as to whether he has any contractual obligations to Linda and to Cynthia. (20 Marks)

Answer 1

Facts of the Case: Malclom ( Seller) initates the transactions and reveeal his intentions that particular sports car is open for sale. Secondly he approached known consumer Linda ( BUyer) by way of Letter a kind of open offer as Linda ( Buyer) request to need times to derive at any conclusion as the offer is open, the above letter process may be followed by Seller to lots of person for an agreed price of 4500 , it doesn't bring any kind of contractual oblugation on Seller to wait for their reply till particular time.

Instead Seller approached by another customer (Cynthia) for acceptance of sale of car at an price of 5000, here accepted by Seller on the spot, and as per relations seller informs before sale to Linda over the sale of Car,

In a mean time Linda also accepted the offer but delayed in convey of his acceptance lead to loss of the car she was agreed upon.

Hence Form Above facts, it can be concluded that Selelr is not under any kind of contractual obligations hence forth, although he has given time to take decision, but simply offerring time in no sense stops selelr form accepting another prospective customer for the car offerred for sale. As a duty from obligation, he has delivered the message before the sale of the car to the Cynthia as per the scenario stated above.

Hence he has not contractually obliged to any extent to Linda and Cynthia at All. On ethical grounds he has well performed his duties.