Highlights
QUESTIONS:
There are two questions in this assessment task. Students must answer both questions.
Question 1:
Paul receives the following offer on Monday in a message left on his telephone answering machine from Tom, a friend of long standing, in the following terms:
“If you would still like to buy my boat for $10,000, you can. You don’t need to tell me immediately but please tell me if you will accept my offer before 5pm this coming Thursday”. Paul decides that he will buy the boat and tries several times to contact Tom on Tuesday before finally posting a letter on Wednesday night. On Thursday Paul attempts to again contact Tom but the phone line is always engaged. Despite leaving his phone number on the answering machine, Tom does not return the call. Finally, Paul, in desperation, sends an email to Tom’s email address which he knows. The email arrives in Tom’s email inbox at 3.45pm on Thursday. It confirms that Paul accepts Tom’s offer and will buy his boat for $10.000. Paul knows Tom checks his email inbox regularly. Paul is finally able to speak to Tom on Saturday morning but is told that because Tom didn’t hear from him by 5pm Thursday he sold the boat to another friend Sally, first thing on Friday morning.
Paul is furious and said that he had attempted to contact Tom, by leaving messages, the posting of a letter, and by sending an email. He states that he has a contract with Tom and demands he sell and transfer the boat to him. Tom denies this and said he has a contract with Sally.
Is Tom correct that he has a contract with Sally? Or is Paul correct that he has a contract with Tom, and if so, when did this occur? Fully explain your answer
using case law to support it.
Question 2:
Greg, a financial planner and business consultant, offered to buy an olive grove located in the Hunter Valley region of New South Wales from his clients Mr and Mrs Rossi, for $850,000. They accepted the offer in the belief that it was fair. They had dealt with Greg ever since they had arrived from their homeland, Italy, and they trusted him to look after all their business affairs. They had told him that they were anxious to sell the property so that they could retire because of ill
health.
Mr and Mrs Rossi later discovered that they had sold the property for considerably less than its market value. Greg advertised the property and sold it for $1.5 million shortly after he purchased it.
Advise Mr and Mrs Rossi of any recourse that they may have against Greg by arguing undue influence and unconscionable conduct.
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