QUESTION ONE (20 Marks)

On 1st October Sam placed the following advertisement (with a photograph) on Classic Cars,

a website for vintage car enthusiasts. For sale: Truimph Herald, 50,000 miles, showroom

condition; ZMK 40,000 for quick sale. He includes an email address, mobile telephone

number and postal address.

On 2 October at 2.00 pm Hambozi reads the advertisement and sends a text message to

Munengas mobile phone Can you send more photos. How about ZMK 36,000? She

includes her email address. Munenga receives this message and reads it on the same day. In

response, he sends three photographs by email with a message saying ZMK40,000 is the

lowest price. Must hear from you by 4th November.

On 3 October at 5.00 pm Nabimba sees the advertisement on the website and sends an email

stating Please reserve Triumph Herald for me at ZMK 40,000. Deposit in the post.

Munenga is not on-line at the time, but his computers server sends an automated message in

his name: Thank you for this message. Munenga will reply as soon as he is able.

On 4 October at 3.00 pm Hambozi leaves a message (with her name) on the answer-phone of

Munengas mobile telephone 1972 Triumph Herald: agreed at ZMK 40,000.

On 5 October at 9.00 am a cheque for ZMK 5,000 drawn by Nabimba arrived by post at

Munengas address together with a note stating with Nabimbas compliments as per our

agreement. Munenga deposits Nabimbass cheque in his own bank account immediately. At

10.00 am Munega switches on his mobile phone and listens to Hamboozis telephone

message.

On 6 October Hambozi and Nabimba both send email messages to Munenga stating that they

are looking forward to collecting their car and ask what arrangements for delivery they

should make.

Discuss the contractual consequences, if any