Offer and Acceptance
Amy has decided to sell her Toyota car. She parks it outside her flat with a notice on the front windscreen stating:
“For Sale. Excellent Condition – One Owner only. HK$50,000 or near offer. Please call at 55541. First person to agree a price WILL get the car.”
On Monday at 9am, Benny sees the car, but as he is late for class, he telephones Amy at 10am and makes an offer of HK$45,000 which Amy says she would like to consider. Benny says that he will assume Amy has accepted unless he hears from her on the contrary.
At 11am, Curtis calls at Amy’s house but she is not home. He leaves a note reading “Monday 11am. Please keep the car for me – here is a cheque for HK$50,000. Thanks, Curtis”
At 2pm, Daisy sees the notice and within a few minutes, has posted a letter of acceptance and cheque for HK$50,000, using the school post-box. Unfortunately, Daisy misaddresses her letter so it only arrives on Friday.
At 3pm, Amy decides to accept Benny’s offer and posts a letter to Benny’s business address saying “I agree to sell on your terms. Because of the lower price can you pay in cash?”
At 9pm, Amy when returns home reads Curtis’s acceptance and immediately telephones Benny, leaving a message on the recording answer machine “Ignore my letter you will receive – deal is off.” However, the message is accidentally deleted and Benny never gets the message.
Advise each party as to their legal position, discussing all possible solutions.