Reference no: EM132488854
On Monday, Owen saw an advertisement in a computer magazine placed by Tomorrow's Computers Company "Great offer! Ant Hunter, the most played computer games of 2019, $3,000 each, valid for a month only." Owen wrote to the company ordering for the purchase of a box of the "Ant Hunter" with a cheque of $3,000.
On Friday, the company replied to Owen by return of post confirming Owen's order and the box of "Ant Hunter" would be delivered to Owen within the month.
On Saturday, Owen went shopping and saw that there were computer games on sale in a computer centre in Wan Chai. He came to Patrick's store, where there was a huge crowd. He took much effort to get into the store, and found the "Ant Hunter". He quickly picked up 2 boxes of the "Ant Hunter" from a table in which there was a poster marked "Summer Sale. Everything must go." He however could not find any price tag on either of the boxes. He asked Patrick, the shop owner, for the price of the computer games. Busy chatting with other customers, Patrick turned his head, and said that "$2,500 each, so just $5,000." Owen replied: "Oh, how about $3,000?" Patrick replied disinterestedly: "No way." Owen then put down one box of the "Ant Hunter", and tendered the other box and $2,500 to Patrick. Patrick accepted the payment. It was 3:00pm.
When Owen left the store, he saw an advertising sign near the entrance, "Big Bargain, 50% off of everything you pick. One day only. "
Owen rushed to Patrick, demanding for the sale of the other box of "Ant Hunter" he previously returned with 50% off, i.e. $1,250. Patrick laughed and replied: "okay, only if you could right now tell me the name of the creator of "Ant Hunter"." As a gaming enthusiast, Owen provided a correct answer instantly. Patrick was reluctant to hand over the "Ant Hunter" that Owen returned. It was 3:05pm.
After Owen went back home, he noted that he was no longer required to purchase the "Ant Hunter" from Tomorrow's Computers Company. He checked his bank account from the internet and found that the cheque had not yet been presented for payment by Tomorrow's Computers Company. Therefore, he immediately sent a fax to the company for claiming that the price of the "Ant Hunter" offered was high above the market price and thus he cancelled his order.
Questions:
From the perspective of contract law, advise Owen:
(a) if there is any contract between him and Patrick for the sale and purchase of the first box of "Ant Hunter" at 3:00pm;
(b) if there is any contract between him and Patrick for the sale and purchase of the second box of "Ant Hunter" at 3:05pm; and
(c) if Owen is entitled to cancel his order placed with Tomorrow's Computers Company.