Reference no: EM132756078
MBS 518 Principles of Business Governance - Murdoch University
Assignment question -
Susan Hirose was the proud owner of a painting by Japanese artist Akira Yamamoto that depicted a famous place that is at once a sacred shrine, a battleground and a historical landmark and simply called "Morning Glory".
On June 1st he placed an advertisement in the West Australian putting the painting up for sale at $350,000. On June 2nd, Alice Hiroshi came over to her house to have a look. She said to Susan " I like the painting but not the frame it is in. What would you say to removing the frame and reducing the price of the painting?"
Susan said she would have a think about it. On June 5th, Susan wrote to Alice. In the letter she said "I am afraid I cannot change the frame or reduce the price. I want to know by June 15th whether you want the painting at the original price of $350,000. Please reply by post".
At the same time that Susan posted her letter, Alice also posted a letter to her. In the letter she said that she had second thoughts about the painting and decided that she would take the painting, frame and all for $350,000.
Both Susan and Alice received their respective letters on June 8th. No response to these letters is recorded.
On June 10th, Alice attended an art opening. During the course of the evening, she spoke to a famous art dealer and expert, Andy Warhorse, who advised Alice that in the previous evening, he had negotiated and finalised the sale of the "Morning Glory" on behalf of Susan Hirose for $350,000.
On hearing this Alice immediately returned home and sent another letter to Susan in which she insisted that she had legally bought the painting for $350,000 as stated in her letter to Susan dated June 5th. Alice confirmed that she was indeed buying the painting as stated in her letter to Susan dated June 5th.
(A) Trace the legal consequences of ALL communications and advise Alice of her contractual position with Susan.
(B) Would your answer be different if Andy Warhorse was not an art dealer and expert but just a neighbour that Alice met at the art opening?