Contract Law: Letter of Advise

Assignment Requirements

Please write a letter of advise using the scenario that will be uploaded.

Style of defencing: guide to Australian legal citation
SCENARIO

Andre advertised his bicycle for sale in the local newspaper for $2,500. Cadel saw Andre on Monday and said he would like to buy the bicycle but that he would not pay more than $2,100. After further discussion, Andre agreed to reduce his asking price to $2,300 and told Cadel he would give him two days to make up his mind.

The next day Cadel faxed Andre: “Price OK. Is delivery included?” Andre read the fax, but didn’t reply.

On Wednesday, Jens, in desperate need of a bicycle, rang Andre and said that he would pay the $2,500 asked, as long as the bicycle was properly maintained.

Andre replied, “It’s yours!”, but didn’t hear Jens’ comment about the condition of the bicycle.

Andre immediately rang Cadel, but failing to find him at home left a message on his answering machine to say the sale was off.

On his way home from pilates, Cadel saw Andre’s bicycle being wheeled into Jens’ flat with a “sold” sign pinned on the back.

Cadel rushed home, rang Andre and said, “I’ll pay the $2,300 for your bicycle”.

Andre replied, “Didn’t you get my message? Jens is the new owner”.

But Jens now doesn’t want the bicycle – it’s in poor condition.

REQUIRED
Applying relevant case law, advise the parties as to their common law rights.
(Note: Restrict your answer to Topic 2 Agreement)
Topic: Advanced Economic Analysis Paper

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