Question: Answer the question with reference to the relevant common law and equity principles operating in Australia concerning contracts plus related and other transactions. (a) Dorper
Answer the question with reference to the relevant common law and equity principles operating in Australia concerning contracts plus related and other transactions.
(a) Dorper Sheep Sellers Pty Ltd was negotiating the sale of a number of dorper sheep to a firm called Livestock Brokers, which intended to on-sell the sheep. On 1 June Dorper Sheep Sellers sent a letter to Livestock Brokers, setting out the number of sheep for sale and the price per head. It asked Livestock Brokers to reply within 14 days.
Livestock Brokers sent a letter by reply dated 6 June, inquiring whether the sale could be financed on the 'usual terms'. Dorper Sheep Sellers did not reply.
On 14 June, at the opening of business, Livestock Brokers sent a fax stating: 'We accept your offer of 1 June for the sale of sheep'. The same day Dorper Sheep Sellers faxed back, saying: 'You're too late. We're just in the process of selling the stock to another purchaser. Formalities will be completed by tomorrow'.
Advise Livestock Brokers as to the rights and liabilities of the parties in the light of the commercial interactions taken place between them.
(b) Presume in (a) above Livestock Brokers sent the fax on 14 June but because of a transmission error Dorper Sheep Sellers did not receive it. Advise Livestock Brokers under these circumstances.
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