i am struggling on this scenario where to advise agatha.
agatha summers is a owner of a shop that sells sporting memorabilia. on Tuesday of last week, she placed an advert in the 'country sports gazzette which said ''for sale: (Original Quidditch world cup competitor jersey, signed by J.K. Rowlings, £575 or nearest offer, call 01917 555 282 (business hours only), Agatha Summers.''
Brett, a local entrepreneur, read the advert on Wednesday morning and telephoned Agatha saying, "I would love to buy the Quidditch Jersey but I can only pay £475. Would you let me have it for this figure? Agatha replied saying that she would like to keep the offer open for a whole week in order to see whether anyone else was interested in the jersey but went on to say that she was prepared to promise not sell the item to anyone else before next Tuesday whilst Brett considered whether he might raise his offer to something nearer the asking price.
On Thursday, Agatha had to close the shop for the day in order to go on a buying trip for more stock. In the course of that morning, Carrie telephoned Agatha and left a message on her answering machine saying: ‘I accept your offer to sell the Quidditch Jersey for £575. I put a cheque in the post addressed to you at your shop earlier this morning. If I don’t hear from you before close of business tomorrow, I will consider the jersey mine’. Later that day, Hansel, Agatha’s cleaner, accidentally erased Carrie's message before Agatha had returned to the shop and had an opportunity to listen to it.
On Friday afternoon, Dinesh, a local solicitor, received instructions from one of his clients in the Middle East asking him to purchase ‘any sports memorabilia he could lay his hands on’ in advance of his client opening a new ‘Sports Bar’ in town later that month. Recalling Agatha’s advertisement, Dinesh telephoned Agatha offering £600 for the Quidditch Jersey. Agatha took the call and replied that: ‘If Dinesh could put the offer in writing immediately she would be prepared to accept it’. Dinesh thereupon sent a fax to Agatha timed at 5.45 pm repeating his offer and stating that he would be calling at Agatha’s shop at 9.00 am on Monday morning to pay for and collect the jersey. Unfortunately, Agatha’s fax machine had a faulty ink cartridge and when Agatha arrived to open her shop at 8.30 am on Monday morning all she found in her fax machine’s ‘out tray’ was a blank piece of paper.
As it happened, Agatha had spoken to an old friend called Earnest, on Saturday night, about the sale of the Quidditch Jersey and Earnest had offered to pay £700 for the item on condition that he could pay this sum in seven weekly instalments. Agatha then told Earnest that, if she hadn’t received a better offer by 10 am on Monday morning, the jersey was his.
In the event, Agatha sold the Quidditch Jersey to Fred who arrived at her shop at 8.45 am with £625 in cash. However, it is now 10 am and Agatha has since received separate communications from Brett, Carrie, Dinesh and Earnest, all claiming that she has committed a breach of contract by selling the jersey to Fred.
anyone up for helping me im stuck for a while now and this is due in 2 days stressed out. thanks
advise agatha? Watch
- Thread Starter
- 03-05-2016 19:10