Brian is a prosperous accountant and his wife Barbara is a successful real estate agent. Barbara owns a number of highly desirable commercial properties. While waiting for their cafe latte’s one evening after work on Monday 14th July 2008 at a trendy café bar, the conversation turned to certain office premises which Barbara owned and in which Brian wished to relocate his practice. The suitability of the building for Brian’s purposes was discussed briefly and, after Barbara indicated that she was “willing to sell for about $500,000”, Brian concluded the discussion by saying that “I’ll think about it dear”. The conversation then turned to matters more personal.
The letter from Barbara was included in the office mail which was posted that evening by her secretary as she passed the post office near her home and it was read by Brian at his office in the course of his perusal of the incoming mail the next morning. Brian was delighted with the offer and immediately typed up a response in the following letter:
Brian’s letter was posted at 5pm that evening by his personal secretary, the sultry Natasha. While Natasha was out, Brian telephoned his wife to tell her that he would be “working late” that evening and that she should not wait up for him. He then mentioned her offer to sell the property at Hilltown and said to her that “his reply is in the mail”. Nothing further was, however, said about it.
After speaking to Brian, Barbara received some late instructions on a development and decided that she too would work late. On her way home at about 11pm, she called in unannounced to Brian’s office on the off chance that he would still be there.
She did in fact find him there but Brian was not working but rather he was in a very compromising situation with his sultry secretary.
In the heated argument that followed, Barbara declared “if you want Hilltown you’ll have to pay a $1 million for it. All deals are off”.
Although extremely hurt by all that had happened, Barbara went to work the next morning. At 10.30am she received Brian’s letter of the previous day but threw this letter in the bin without having read it.
Barbara now does not want to sell the property to Brian and asks your advice as to whether or not a binding contract exists between them.
This offer and any agreement reached between us is on the basis of it being subject to a formal contract drawn up by my solicitor”.
(iii) Would your advice in (i) differ if Barbara’s letter dated 15th July 2008 included the following paragraph?
“I require verbal confirmation of your acceptance of this offer and will not accept anything less.
(i) Advise Barbara. 6 marks
(ii) Would your advice in (i) differ if Barbara’s letter included the following paragraph?
“This offer and any agreement reached between us is on the basis of it being subject to a formal contract drawn up by my solicitor”.
2 marks
(iii) Would your advice in (i) differ if Barbara’s letter dated 15th July 2008 included the following paragraph?
“I require verbal confirmation of your acceptance of this offer and will not accept anything less
麻烦这个再帮助翻译下,因为字数限制所以原文有点不全的!3Q
参考资料:终于翻完了,改了好几次,希望能中标!谢谢