1zara placed an advertisement in the local newspaper four

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1. Zara placed an advertisement in the local newspaper: "Four ‘Burmese' kittensforsale. £300 each, lovely pets." Xavier went to see the kittens and askedZara to reserve the smallest one for him and said that he would return in threeweeks to collect the kitten. Later that day, Zara told her husband that Xavierwas to have the smallest kitten in the litter. Xavier never returned.Vic telephoned Zara about the kittens. After enquiring about the breed, hesaid, ‘I'll think about it'. The next day, Vic wrote Zara, ‘I've decided that I'llhave the oldest one from the litter.' Before the letter was delivered, Vic sentan email to Zara stating that he was not interested after all. Because of aproblem with Zara's server, she did not receive the email until after the letterhadarrived.Yvonne sent an email to Zara stating ‘£300 is very expensive for a youngBurmese. Will you accept £200?' When Zara replied by email that she wouldnot, Yvonne posted a letter which read ‘I accept your offer to sell a Burmesekitten at £300.'Walter paid Zara £300 and took one of the kittens. Two weeks later he complained to Zara that the kitten was in the habit of chewing the furniture. Zara said 'Never mind, he will grow out of it.' When Walter took the kitten to the vet to see if the habit could be broken, the vet informed him that the kitten was not a purebred Burmese but a much less valuable cross-breed. Walter demands the return of his money from Zara and compensation for the damage to his furniture.

Advise Zara. What Zara would need to know is whether or not there has been a valid contract made with anyone else whom she made the sale of her 'Burmese' kittens to. If there is an agreement, it will only be seen generally if there is clear, unequivocal offer mirrored with a clear, unequivocal acceptance?


2. Amy lives alone, but has always been very fond of her cousin, Beryl, who lives in the same village with her family (Charlie, her husband, and David, her son). When Beryl tells her that Charlie has lost his job and that they are suffering from financial difficulties, Amy offers to help. She offers to give David, who is in his final year at university, £1,000, provided that he works hard and obtains a second class degree. Amy also agrees to pay Beryl £300 for all the errands she has run for her in the past. Beryl is pleased as she had, selfishly, expected some payment for all this effort. Amy also agrees that, although Charlie owes her £2,000, she will accept £1500 instead. Charlie pays Amy £1500. David, who is exceptionally intelligent, does little work, but manages to obtain a first class degree. As a result, he obtains a lucrative graduate training post in a merchant bank. Advise Amy, who has now quarrelled with Beryl and wishes to know to what extent she is bound by her promises. Would it make a difference if Beryl paid Amy the £500?

Reference no: EM13383115

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