Bella writes to Ming offering to buy a 50 per cent share of his restaurant, Taste of China, for $150,000. In her letter Bella states that if she does not hear from Ming before 5.00 pm on Friday she will assume the offer has been accepted.
Ming does not want to sell any share of his restaurant to Bella, so he ignores the letter. It is now past 5.00pm Friday so Bella now claims that they have a binding agreement.
Explain whether or not there is an enforceable agreement between Bella and Ming.
In his spare time Ming enjoys playing computer games. He notices an advertisement for the sale of ‘Dotaar’, a new game, at DD Games. He visits DD Games and under a sign that states: ‘Special offer! Only $50’ he notices copies of ‘Dotaar’ on display. Thinking to himself that ‘this is an offer too good to refuse’, he picks one of the games from the stack, takes it to the counter and hands it to the cashier stating: ‘I’ll take this please’. Ming then remembers seeing the game on sale for $30 at another store, so he says to the cashier: ‘I’m sorry, I’ve changed my mind’. The cashier responds, ‘I’m afraid it’s too late. You have to buy this now. You are legally committed.’ When Ming refuses to pay for the game the cashier warns him that DD Games will be taking legal action to enforce payment.
Advise Ming whether the cashier is correct upon insisting that there is a legally binding agreement between Ming and DD Games.
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