Jerry, who lives in Kingston, had a ten seater dining table that he decided to sell...
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Jerry, who lives in Kingston, had a ten seater dining table that he decided to sell as he was moving to a smaller house. On Monday February 27, Jerry telephoned his friend Ken who lived in St Ann informing him that he was selling the dining table for $3M and if he was interested in purchasing same, he was to respond by post to his home address by March 5. Ken told him he would let him know what he will do as requested. On Wednesday March 1, Ken called Jerry and left a message on his phone that he should call him. Jerry did not retrieve that message. Ken to be on the safe side decided to post a letter to Jerry on March 2 advising him that he would purchase the dining table and chairs for the price of $3M asked. It was further stated in the letter that he would come to Kingston on Saturday March 4 with the cheque for the $3M and a truck to collect the table and chairs. The letter was however not delivered to Jerry as it got lost in the post. On March 4, Ken went to Jerry's home to collect the dining room set along with the cheque, however, Jerry informed him that he never received the letter so there was no acceptance and he was now contemplating keeping the ten seater dining table as it was given to him by his mother. Ken was very upset and informed Jerry that he was going to sue him for breach of contract, if he did not sell him the dining table and the ten chairs. Jerry has come to you for advice. Advise Jerry on all legal issues arising. a. Identify the issues arising (3 mks) b. Discuss the legal principles and apply the cases that are relevant to the case study (12 mks) c. Apply the legal principles to the case study (4 mks) d. Advise Jerry (1 mk) 2. Prepare a case scenario that depicts an offer that is terminated by the offer being withdrawn by the offeror. Explain the law and relevant supporting case. (5 mks) Jerry, who lives in Kingston, had a ten seater dining table that he decided to sell as he was moving to a smaller house. On Monday February 27, Jerry telephoned his friend Ken who lived in St Ann informing him that he was selling the dining table for $3M and if he was interested in purchasing same, he was to respond by post to his home address by March 5. Ken told him he would let him know what he will do as requested. On Wednesday March 1, Ken called Jerry and left a message on his phone that he should call him. Jerry did not retrieve that message. Ken to be on the safe side decided to post a letter to Jerry on March 2 advising him that he would purchase the dining table and chairs for the price of $3M asked. It was further stated in the letter that he would come to Kingston on Saturday March 4 with the cheque for the $3M and a truck to collect the table and chairs. The letter was however not delivered to Jerry as it got lost in the post. On March 4, Ken went to Jerry's home to collect the dining room set along with the cheque, however, Jerry informed him that he never received the letter so there was no acceptance and he was now contemplating keeping the ten seater dining table as it was given to him by his mother. Ken was very upset and informed Jerry that he was going to sue him for breach of contract, if he did not sell him the dining table and the ten chairs. Jerry has come to you for advice. Advise Jerry on all legal issues arising. a. Identify the issues arising (3 mks) b. Discuss the legal principles and apply the cases that are relevant to the case study (12 mks) c. Apply the legal principles to the case study (4 mks) d. Advise Jerry (1 mk) 2. Prepare a case scenario that depicts an offer that is terminated by the offer being withdrawn by the offeror. Explain the law and relevant supporting case. (5 mks)
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a Issues Arising 1 Whether there was a valid offer made by Jerry to sell the dining table and chairs to Ken 2 Whether there was a valid acceptance of ... View the full answer
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