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    • Thread Starter

    Important query

    Recently, Tobias inherited his late mother’s house in a town south of Garthdon in Northeast Scotland. Having taken some time to think about what to do with the property, he has now arrived at a decision to sell it. In order to make it fit for the booming local property market, he needs to arrange the clearing out of the home first of all. For this purpose, he calls Move & Shift Ltd (M&S), a local business he had used before when he moved home a few years ago. He speaks to Melinda, who agrees to meet up with Tobias to view the property and assess the extent of the work to be done on 15th February 2016. At the end of that meeting, Melinda says that the job would take a team of four M&S Ltd employees probably six hours at £75 (+VAT) an hour per employee. Later on the same day, she conveys this information to Tobias via email, adding that she provisionally earmarked 1st March for the job to be undertaken if Tobias agreed by 22nd February. The email further states that due to the company’s current problems with their IT and email system, she would expect a positive reply by letter only. Tobias posts a letter to Melinda on 21st February stating that 1st March suits him perfectly.

    On 22nd February, Tobias receives a flyer from JunkShifters (JS) through the post at 8 am. It states: “Introductory offer for new customers only! We help de-cluttering your house to make it a home again!” It also lists a number of service options, including “Clearing out your property (up to five rooms) - £1500”. Tobias quickly arranges a letter to be sent to M&S by ‘same-day delivery’, seeking to cancel his reply he posted to them the previous day. He then calls JS and seeks to arrange the property to be cleared out by them on 1st March. JS inform him that they can do the job at the requested date, but that the price on the flyer only applies if customers pack up all items and dismantle self-assembled furniture themselves. JS end the short conversation by saying “See you on 1st March!”

    By sheer coincidence, Melinda receives both of Tobias’ letters on the 22nd February at 1 pm. She then receives a phone-call from a flustered Tobias one hour later who says “Please ignore those letters – let’s go with your original quote and date!” Melinda informs him that the date was still available, but the price would now be £100 (+VAT) an hour per team member.

    Advise Tobias.

    Is the contract still valid
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