Question:
Read the following case study, and answer all of the questions at the end.
Case Study
Tom wanted to sell his car (it had been a present from his ex-wife Anna) to finance his new part-time degree course.
Tom put a note on the virtual notice board at work on 7/09/2021 advertising it which read as follows:
“For sale
Stylish 2011 Skoda Superb car
All leather interior – One careful owner.
Worth € 10,000, will sell for € 5,500 or nearest offer. ontact Tom ext. 666 or 087 6666666.”
Pat sent Tom an email on the morning of Sept 8th 2021 saying that he (Pat) wanted to buy the car for his son Alex, and that he would pay €5,500.
Tom was in meetings all day on the 8th and did not get a chance to check his emails before he logged out of the system at work on the evening of 8th. Tom did not see Pat’s e-mail until the morning of the 9th.
While Tom was walking home on the evening of the 8th, his phone rang. It was his colleague Robert. They chatted about the return of sporting events, and how they were looking forward to going to a rugby match soon.
Tom asked Robert if he know anyone who needed a second hand car. Robert said that he did, and when Tom told Robert that his car was for sale, Robert offered Tom €5,000 for the car, which Tom accepted.
Pat now claims that he has an enforceable contract with Tom, as his email was sent before the phone conversation between Tom and Robert took place.
Tom is confused and asks you to answer the following questions for him.
(1) What does the term “offer” mean in the context of contract law?
(2) What does the term “acceptance” mean in the context of contract law?
(3) Does Tom have a contract with Pat? Give detailed reasons for your answer.
(4) Does Tom have a contract with Robert? Give detailed reasons for your answer.
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