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Question:
On 1 February 2020 Sanche wrote to Richard offering to sell him his 1974 Holden Monaro for $60,000 and specifies that 'the offer will remain open until 5pm on 3 February 2020'. Richard receives the letter at 10 am on 3 February and tries immediately to phone Sanche. He does not answer, and Richard leaves a message on his message bank saying he was interested in buying the Monaro but was only willing to pay $55,000.
At 10.30 am the same morning, Richard changes his mind about how much he is willing to pay for the car. He sends an email to Sanche saying, 'Disregard, my earlier phone message. I accept your offer to sell your 1974 Monaro car for $60,000'.
Sanche does not check his email at all on the 3 February but does check his phone message bank. He listens to the voice message from Richard and immediately sells the car to Bradley whom he has also been negotiating with.
On 4 February at 9 am he opens his emails and reads Richard's message.
Advise the parties.
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