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Guest
On the 1st of January, David by three separate letters informed Ann, Bev and Cathy that he was selling his 2004 BMW car for $1M. 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 to David stating that she was interested in buying the car and that she wanted a BMW expert to give her his opinion on the car. She sent a cheque 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 cheque in his bank account.
Immediately Bev 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. David’s answering machine was faulty so he did not retrieve the message. Bev waited for David’s response and not wanting to loose the car left a second message on David’s answering machine that she had reconsidered her position and that she would buy the car for $1M. David retrieved both messages left by Bev 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 $1M 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.
The couple introduced themselves as Mr. And Mrs. Chin, owners of popular 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 cheque for $1.3M and drove away the car.
On lodging the cheque, 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 Utech lecturer for $500,000 and the boyfriend has absconded with the money leaving the girl behind. David has located the Utech lecturer and the girl. Ann, Bev and Cathy are claiming ownership of the car and they are insisting that David should recover the car from the Utech lecturer.
Advise David.
explain your answer in terms of the issues in the problem offer and acceptance etc,principles of law relating to the issues,what the law states on the problem,support the principles of law with previous cases dealt with in court of law,apply principles and give facts
Ann on receiving the letter thought it was a good price. She immediately replied to David stating that she was interested in buying the car and that she wanted a BMW expert to give her his opinion on the car. She sent a cheque 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 cheque in his bank account.
Immediately Bev 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. David’s answering machine was faulty so he did not retrieve the message. Bev waited for David’s response and not wanting to loose the car left a second message on David’s answering machine that she had reconsidered her position and that she would buy the car for $1M. David retrieved both messages left by Bev 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 $1M 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.
The couple introduced themselves as Mr. And Mrs. Chin, owners of popular 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 cheque for $1.3M and drove away the car.
On lodging the cheque, 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 Utech lecturer for $500,000 and the boyfriend has absconded with the money leaving the girl behind. David has located the Utech lecturer and the girl. Ann, Bev and Cathy are claiming ownership of the car and they are insisting that David should recover the car from the Utech lecturer.
Advise David.
explain your answer in terms of the issues in the problem offer and acceptance etc,principles of law relating to the issues,what the law states on the problem,support the principles of law with previous cases dealt with in court of law,apply principles and give facts