Valuable antique

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David had been negotiating with Ian about selling him a valuable antique. On 1 March 2014 
David promised to give Ian some time to think about the terms of the agreement. 

On 10 June 2014 Sam made David a very attractive offer for the antique. Sam was anxious 
to close the deal quickly and he insisted on a memorandum of sale being prepared outlining 
the terms of the agreement. David agreed. 

However, David stated that before he signed any agreement for the sale of the antique this 
sale was to be made subject to a condition that he first obtain legal advice concerning any 
contractual obligations he might have to Ian. This clause was not included in the 
memorandum which was signed by both parties. Sam now wishes to finalise the sale and 
insists the antique is his. 

Required 
Discuss the likely outcome in this dispute giving reasons.

Reference no: EM13133804

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