Question

apply the facts of the specific case to the law that appropriately addresses this situation.

One Monday Andy drove Ben and Cal home after class. They talked about the class, the weather, the features of Andy’s car, and Cal invited them to a party on his 18th birthday in two weeks. Ben said he was looking for a car like this, and Andy offered to sell this one to him for $3,000. Ben said he was very interested, but he would need to see if he could get an auto loan for that amount. He asked if he could have until Wednesday to let Andy know if he could buy the car, and Andy said yes. After Andy dropped Ben off at his house, Cal told Andy that he, too, was interesting in buying Any’s car, and he would like to accept Andy’s offer to sell the car for $3,000. In fact, if they could go by the bank now, Cal would get a cashier’s check and complete the transaction today. Andy agreed, and after going to the bank, they drove to Andy’s house and exchanged the check for the title, and Cal drove away in his newly purchased car. Feeling good, Cal stopped at the Hilltop Restaurant to get some food. When he came out of the restaurant, he saw that the car had plunged over the hill. He called a wrecker to tow the car and directed that the car be taken to Andy’s house. At Andy’s house, Cal told Andy that he had changed his mind and that he did not want the car after all. He put the title on Andy’s table and asked for his money back. Andy refused. Cal later sued Andy. In the meantime, Ben, who did not know about the car accident, was approved for the bank loan the next morning, so he called Andy to accept Andy’s offer to sell the car to Ben. Andy told Ben that the car was no longer for sale. Ben sued Andy.

Answer 1

This is a case of Fixing a time for acceptance . Here the law states :

In case the proposer fixes some time for giving acceptance , he is not bound to keep the proposal open during the whole time fixed unless he gets some consideration for it . The effect of fixing a time for acceptance is merely to fix a time beyond which proposal shall not be accepted . The proposer may notwithstanding the fixing of such a time revoke his proposal by properly communicating notice of revocation to the other party . In the absence of such a notice other party may sue the proposer and proposer may be liable for any damages suffered by the other party .

Now if we go through the case Ben can sue Andy because they have fixed Wednesday for giving proper acceptance and before Wednesday for a valid consideration Andy sold his car to Cal without giving proper notice of revocation to Ben .