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Jennifer and Brent had worked for the same company in Sydney for more than twelve months. They had become close friends. Jennifer was offered an exciting new job in Brisbane provided that she can take up the position in seven days. She accepted the job offer and relocated within the week. Several days later Jennifer rang Brent from Brisbane in relation to her car which was parked at Brent’s apartment building car park. The following conversation took place between them:
Jennifer: “I have a company car in the new job so I am going to sell my car. If you want it you can have it for $3,000 even though it is worth twice as much as that, but I need to know by Friday”.
Brent: “I need a bit more time to think about this. Can I have until Sunday?”
Jennifer: “OK but no later”.
Brent seeks your advice on whether he has a contract in the following situation:
Jennifer sells the car for $10,000 to Clarence on Sunday morning. Brent rings Jennifer on Sunday afternoon to buy the car but before he can tell Jennifer he will take it she apologises to him for selling the car to Clarence as he made an offer “just too good to refuse”.
Advise the parties.
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