Discuss Raymonds rights, if any, in this case and explain the possible outcome if Raymond should decide

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Question:

Discuss Raymond’s rights, if any, in this case and explain the possible outcome if Raymond should decide to take legal action against Thomas.

Raymond lives in Vancouver, BC and Thomas lives in Halifax, NS. They both own neighboring summer homes in Port Blanford, NL.

Raymond entered into negotiations over the phone with Thomas to purchase Thomas’ Private 5 acre oceanfront summer home in Port Blanford, NL. Following their discussion, Thomas sent by mail on June 10th, 2011 a handwritten letter to Raymond which stated as follows:

“I will sell you my oceanfront summer home in Port Blanford for $300,000.00”.

The handwritten note did not contain a date for completion of the sale and was not signed.

Immediately upon receiving the letter on June 15th, Raymond sent a written reply which stated as follows: “In consideration of our agreement whereby I will purchase your summer home for the sum of $300,000.00, enclosed is a deposit of $10,000 to bind our bargain”. The note was signed by Raymond and was deposited in the mail on June 15th as shown by the stamp from Canada Post.

The next day, Raymond flew to NL to start work on his “new” property. He immediately started work on a brand new infinity pool he was putting in. Several large trees had to be cut down and a large hole was in the early stages of being dug.

Thomas had been suffering from memory loss and his close friends were worried about his state of mind. It was not widely known that he was having issues. To get away and take a break from it all on June 18th Thomas flew to NL to head out to his summer home in Port Blandord. Upon his arrival Raymond prepared a cheque in the amount of $290,000 and took it over to Thomas. Thomas met Raymond at the end of the gated driveway and said that he had not received Raymond’s acceptance of the offer and had actually sent a letter to Raymond on June 16th stating that he did not wish to move off the property and had decided not to sell his summer home.