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    b) Ann is an antique coins dealer. One Saturday in October 2011, she displayed a gold plated 1839 five pounds (299g) 86X7 mm coin with the following description next to it ‘exceptional example of a 19th century gold plated five pounds coin – on offer for £350’. Ben happened to notice the coin as he walked past the shop and thought he would like to buy it. Unfortunately, as he was late for an important meeting, he could not go into the shop to buy it, but as soon as his meeting was finished at 12noon, he went to Ann’s shop to see the coin. He asked Ann some questions about the coin and told her he would give her a definite answer by Monday. On his way home, he decided to buy the coin. On the same day, he wrote to Ann agreeing to buy the coin for the stated price of £350. The letter was posted at 3:00 pm. Later that day, Colin visited Ann’s shop and said he would like the coin but was only willing to pay £200 for it. Ann replied that she would accept £300 for the coin, but Colin insisted that he was only willing to pay £200 and left the shop. On Sunday morning, Colin sent an email to Ann that read ‘£300 is too much – will you accept £200?’ Ann read the email but did not reply to it.
    However, on Sunday afternoon, Colin realised that £300 was actually a very good price for the coin and he immediately wrote to Ann agreeing to buy it for that price. His letter was posted at 6:00 pm.
    Just before closing time at 5 pm on Saturday, Daisy came into Ann’s shop and she also offered £200 for the coin. This time Ann agreed to sell the coin at that price and Daisy promised to return the following Monday with her payment of the purchase price. On Monday morning, Ann received both Ben and Colin’s letters before Daisy could arrive to pay for the coin.
    Daisy arrived at Ann’s shop around 12 noon with a cash sum of £200. Ann refused to give Daisy the coin or accept the £200. Daisy was furious and now wants to seek an order for specific performance against Ann. Ben and Colin also insist that they have a contract with Ann to purchase the coin and that Ann is contractually bound to sell the coin to them.
    Advise Ann:
    i) as to her legal relationship /obligations to Ben;
    ii) as to her legal relationship /obligations to Collin;
    iii) as to her legal relationship /obligations to Daisy.
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    Start with whether it is an invitation to treat or an actual offer - if just an invitation to treat, then the offer is made by the buyer at the 'till' and acceptance is made by the seller (Boots Case)

    Look at the postal rule for Ben; acceptance is only effectual once the letter has been received.

    With regards to Colin, look at counter offers and how the original offer cannot be accepted once a counter offer has been made.

    Hope that gets you started... You should be able to find all of the answers in your textbook once you get started any more questions just post and I'll try and help where I can.
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    (Original post by sophie_snail)
    Look at the postal rule for Ben; acceptance is only effectual once the letter has been received.
    Postal rule states that acceptance is effectual once letter has been posted?

    Whether it is a 'reasonable' method of accepting the offer (if there is one on the facts) in the circumstance of an item offered for sale by a shopkeeper may be an interesting question.
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    (Original post by Forum User)
    Postal rule states that acceptance is effectual once letter has been posted?

    Whether it is a 'reasonable' method of accepting the offer (if there is one on the facts) in the circumstance of an item offered for sale by a shopkeeper may be an interesting question.
    Maaahhh, that's what I meant! Promise!

    Yes it is an interesting question, and I'm not sure of the answer... Try typing in some key words on westlaw and see if any articles have been written about it??
 
 
 
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