Reference no: EM132257690 , Length: 1500 Words

Principles of Business Governance Assignment -

Assignment question - Alistair, a car dealer, displays in his showroom a second-hand Mercedes Benz C63s, the windscreen of which is marked as follows: "This week's special- 2017 model $145,000". Mark enters the showroom and says" This is just the car I have been looking for" I will buy it at that price". Mark then fills out a standard form and in the blank space set aside for the price of the vehicle, Mark enters the sum of $145,000. The salesperson then takes the form away for Alistair's signature. She returns a short time later to inform Mark that the price on the car had been wrongly marked and it should instead be $165,000 and Mark therefore could not have it for the price indicated on the windscreen.

(a) Discuss, strictly according to the principles of contract law, if a contract was entered into between the parties at this stage of the proceedings.

Assuming that Mark thinks that no contract was made at this stage, he proceeds to fill out and sign a new form. He enters the new price of $165,000 and adds that he would like to have all the windows tinted and a more expensive Bose sound system installed at that price. He also verbally states that he would like the transaction completed within 7 days of the date indicated on the form ie 1st June. Mark gave Alistair his business card on which his phone number, house number and email address was stated.

The next day, Alistair rings Mark up and says he cannot agree to the extra conditions stipulated by Mark. Mark in return replies "Would you consider instead the same price, tinted windows and a Kenwood sound system?"

Alistair replies that he would think about it and let Mark know by phone or email.

On the 7th June Alistair decides to sell the car to Mark and emails to him that she can have the car for $165,000 with tinted windows and the Kenwood sound system. The email is sent at 12 noon. At 2 pm Alistair has a new customer who is prepared to buy the car for $165,000 without any additional conditions. Alistair rings Mark and only manages to get Mark's answering machine. He leaves a message on the answering machine informing Mark that he is not interested in selling the car to Mark on the terms proposed by Mark.

Discuss, strictly under contract law, how your answer may differ in the following situations:

(b) Mark hears the message first before he logs in to check his email.

(c) Mark had logged in before 12 noon that day but only read the email after he had heard Alistair's message.

(d) It was only on the 8th June that Alistair decides to sell the car to Mark and emails to him that he can have the car. At 2pm Alistair leaves the message on Mark's answering machine revoking his earlier email. Mark logs in and reads the email before he hears Alistair's message.

In the situation immediately above, Mark reads the email and replies confirming the sale before he hears Alistair's message.

Textbook - Australian Business Law, 35th Edition, by Paul Latimer.

Attachment:- Assignment File.rar