QUESTION ON OFFER & ACCEPTANCE

Adjoa has decided to sell her car and parks it outside her house with a notice on the front windscreen stating: For sale; pristine condition; one owner; GHC40,750 or near offer. Please call at No. 1 Peasant Farmers Road, UEW North Campus, or Telephone 0201-123456. First person to agree on a price will get the car.

On Monday at 9.00am, Beatrice sees the car, but as she was running late for a dental appointment, she telephones Adjoa from work at 10.00am, and makes an offer of GHC40, 500, which Adjoa says she would like to consider.

Beatrice says that she will assume Adjoa has accepted her offer unless she hears from her by 9.00pm that evening, a proposal to which Adjoa agrees.

At 11.00am on Monday, Charles calls at Adjoas house, but Francisca, Adjoas daughter, was the only person at home. He therefore leaves a note reading; Monday 11.00am. Please keep the car for me. Here is a cheque for GHC40,750, Charles. Francisca leaves the cheque together with the note on a desk in Adjoas study.

At 12.15pm on that same Monday, Dauda passes by the car and sees the notice, and within a few minutes, posts a first-class letter of acceptance together with a cheque for GHC40,750, using the post box at the end of the street. Unfortunately, Dauda misaddresses his letter, so it arrives on Friday.

At 3.00pm on Monday, Adjoa decides to accept Beatrices offer and posts a letter of acceptance to Beatrices business address, saying: I agree to sell on your terms.

Because of the lower price, can you pay in cash?

At 9.30pm on Monday, Adjoa reads Charles acceptance and immediately telephones Beatrices business address, leaving a message on the telephone service

answering machine: Ignore the letter you will receive, deal off, Adjoa. Beatrice is away on business and only listens to the tape on Wednesday evening.

NOTE: CITING APPROPRIATE CASES & ESTABLISHED LEGAL PRINCIPLES TO SUPPORT YOUR ARGUMENTS,

A) ADVISE THE PARTIES ON THEIR LEGAL POSITION.

B) HAS A CONTRACT COME INTO BEING, AND

C) WITH WHOM?