I'm looking for some help with a contract problem question. Not sure why I can't get it but its got me going loopy!
The question in short:
Someone (J) is selling their car for £1000 (free AD), N came back with a counter of £900, J came back with another counter of "£950 and we have a deal". N said she'd be back at 6 pm with the cash.
someone else sees the add (i assume the same day although not clear) and offers the original asking price, in which J also takes. As soon as he makes this offer with the other person he immediately calls and emails N to express that the contract was off. but N wouldn't see his email/calls till 10 pm that night.
J sells the car to the other person and N arrives just before too see the exchange.
N is furious. Advise N on her legal position?
Can a contract be ended/terminated by email/phone even if the recipient hasn't listened/seen it yet? and if you cant what kind of help can the court give the person who was outed from the contract.
is taking a better offer or the original price wrong?
Any similar cases? is the postal rule relevant here, as per se as soon as you post a letter the contract is either on or off? is it the same?
is it N mistake for not checking?