Advise sheila on her contractual position

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Reference no: EM133810329 , Length: word count:1000

Assignment - IRAC method of answering legal problems and will be determined by reference

ASSIGNMENT QUESTION:

Manu owns a vintage Yamaha Virago motorcycle with a detachable sidecar, which he is keen to sell. On 20 April 2015 he places a poster with a picture of the motorcycle on the main notice board at Kardinya Park Shopping Centre. The poster reads as follows:

On Friday 1stMay 2015, Sheila, a motorcycle enthusiast, spots the poster while shopping at Kardinya Park Shopping Centre and is interested in adding the Yamaha Virago to her private collection. Later on that day, she writes a letter to Manu stating:
"I am interested in your Yamaha Virago. I agree she's a beauty. If possible, I would like to maintain her manufacture state with its original sidecar for my collection. I can tell from the way you've maintained her that you're a fellow enthusiast. What would you say to including the sidecar in the price of $14,000?"

On Monday 4 May 2015 Sheila posts the letter at her local post office in Fremantle. Manu receives this letter from Sheila on Thursday 7 May 2015. Manu then posts a letter to Sheila on Friday 8 May 2015 stating:

"I appreciate your desire to respect the original manufacture state of the motorcycle, but I cannot part with the sidecar. However, as a fellow enthusiast I will sell you the motorcycle by itself for $13,500. I currently have several interested buyers, so you need to act fast before it's gone. You can reach me on my line 0400099900."

Sheila receives Manu's letter on Tuesday 12 May 2015. Get Help Now!
On 13 May 2015 Sheila calls Manu and tells him that she needs some more time to consider the price and asks Manu to hold the motorcycle for one week in exchange for $500. Manu agrees to the proposal and Sheila transfer the $500 to his bank account on the same day. On Friday 15 May 2015 Manu has a change of heart and sends a text message to Sheila stating:

"I appreciate your earlier interest in my motorcycle but after some pondering, I have decided to gift the motorcycle to one of my grandsons, so from today the motorcycle is no longer for sale."

Sheila chooses to ignore Manu's text. She takes some time to shop around for other vintage motorcycles of the same model. Sheila soon realises that there are very few vintage Yamaha Virago motorcycles on the market and on Monday 18 May 2015 she sends a text message to Manu stating:

"I agree to buy the motorcycle by itself for the price you stated in your letter dated 8 May 2015. I will pay you a final complete sum of $13,000. The $500 I paid you earlier on 13 May 2015 will serve as part of the payment. Let me know when I can come collect the motorcycle and deposit the remaining $13,000 to your account." Manu refuses to respond back to Sheila.

Required:
Using the Common law of contract, trace the legal consequences of all the communications between the two parties and advise Sheila on her contractual position in relation to the sale of the motorcycle.

Students are required to use the IRAC legal problem solving format in answering this question.

What is the Issue?

What is the Relevant law?

Apply the law to the facts:

Conclusion

Reference no: EM133810329

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