panoscyprus
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Hey Guys

I have a problem question. Could I have your help?


-----------------------------------
Luke is a car dealer and advertises one of the cars of brand Porche 911 for sale at a price of € 40.000 in the newspaper " Classified Ads ".

Mario have seen the ad and phoned and said "I have only € 30.000 available ."
Luke said "I will discuss anything up to € 35.000 but not below."

Mario agrees on that price (€ 35.000) but said that "I must first take the car for a ride to try and control it engineer ." Mario and Luke Agreed the day and the time for this purpose.
When Mario has been in the shop of Luke that had agreed to meet, sees Miria , to drive the Porche 911 , which informed him that she had just bought for € 38.000.

In a few word, Luke sold the Porsche 911 to Miria instead to Mario.
Mario seek your advise.





I know that it is about offer, acceptance and consideration. Is it a valid contract? Mario have not paid Luke yet.
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Forum User
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You need to look at each 'interaction' between characters in the question in turn. Work through everything that is said/written/whatever systematically - is it an offer? If it is an offer, has it been accepted at some point? If it has, are there any issues with consideration/ICLR?

Start with the advert in the newspaper - presumably you know some relevant cases.
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Weevle
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Mario has seen the advertisement - being an invitation to treat. Mario calls Luke and offers €30.000. Luke declines Mario's offer by stating that he will "discuss anything up to 35.000, but not below", the word 'discuss' implies that Luke is again, inviting to treat. You then state that Mario 'agrees' on the price of 35.000, which is confusing because, how can you agree on something that hasn't been offered? How can Mario accept that price, if it's not been offered? Luke said he would 'discuss', he didn't make an offer. Therefore there is no contract. Unless you mean, that Mario then offered 35.000 to Luke? Although, even if he did that, there would still be no contract as at no time did Luke accept that offer. However, lets ignore that for a moment. Because, Mario then says "I must first take the car on a ride", implying that he wants to test drive the car, and then, if it's all good, he will buy it for the 'agreed' price. This, however, does not bind Luke to sell the car to Mario, even if he likes it, because, Luke has the right to pick and choose who he serves. The fact that Mario test drove the car has no relevance for a contract because, a reasonable man/a subjective test, would prove that most people will test drive cars before they buy them and then decide if they want to make an offer on that car, there would be no binding offer to sell the car to the customer before they had test driven it or even after. So, in whatever way, shape or form you look at the scenario you've written above, there was no contract and therefore, unfortunately, the law is not on Mario's side. (There is nothing he can do)
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panoscyprus
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Can I argue that it was an offer? Beacause Mario and Luke agreed the price (35 000 EURO) and Mario assured that he will test the car before buy it. (This happens to all car deals/sales.). However, Luke sold the car to other person.

What about with the consideration? there is no consideration (no payment made).

Is the contract valid?
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(Original post by panoscyprus)
What about with the consideration? there is no consideration (no payment made).
This is a misunderstanding. It does not matter that there has not been any payment actually made. A promise to pay is perfectly good consideration, if it were not then virtually every agreement made in a commercial context would fail for want of consideration.

You might discuss consideration if you think that there is an option contract: i.e. a contract that Luke promises to provide Mario with a test drive and to sell to Mario if Mario decides he wants to buy after that test drive. That might be a fruitful argument to consider...
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panoscyprus
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(Original post by Forum User)
This is a misunderstanding. It does not matter that there has not been any payment actually made. A promise to pay is perfectly good consideration, if it were not then virtually every agreement made in a commercial context would fail for want of consideration.

You might discuss consideration if you think that there is an option contract: i.e. a contract that Luke promises to provide Mario with a test drive and to sell to Mario if Mario decides he wants to buy after that test drive. That might be a fruitful argument to consider...


what about with the remedies? damages, compensation
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Tortious
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(Original post by panoscyprus)
what about with the remedies? damages, compensation
What's the purpose of contract damages? How much would Mario need?

I think you're jumping the gun here - you haven't even established whether there's a contract and already you're asking about remedies!
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(Original post by panoscyprus)
what about with the remedies? damages, compensation
Have you covered damages yet? Most contract law courses deal with damages towards the end of the module. If you haven't covered it then you won't be expected to discuss it in detail.

Why don't you post what you have so far for this problem as if you were answering a question in an exam? Use the IRAC structure or whatever you have been taught. I don't mind giving feedback on it to help you out.
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Jimmy199415
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(Original post by Forum User)
Have you covered damages yet? Most contract law courses deal with damages towards the end of the module. If you haven't covered it then you won't be expected to discuss it in detail.

Why don't you post what you have so far for this problem as if you were answering a question in an exam? Use the IRAC structure or whatever you have been taught. I don't mind giving feedback on it to help you out.
Hello.

I am doing Law this year, and I wanted to ask a question regarding legal essays.I know that I have to give out Cases and Statutes in identifying the Law, but do I also have to set out the facts of the Case? Or do I just have to set out the judgement made by the judge, in identifying the current Law position.

For instance, if I was to distinguish between employed and self-employed, would I also have to use the facts (story) from Ready Mixed Concrete v Minister etc, or merely the judgement made by the judge about the "contract of service", without stating the facts?

Thank you in advance.
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