S/L/97. Contract Law Problem Question: Postal Rule
(2005, 1300 words)
On 2nd September, Astonia plc sends identical letters to three local firms asking if they wish to buy an unused widget-making machine that they have acquired. The letter states “the best offer received by 9.30 am on 10th September will secure the machine.” The following day, Trimex Plc sends a fax saying, “Is it a 5XL model? If so, we will offer £5,000, if not £3,000.” The machine is not a 5XL. Optimus Plc sends a letter offering “£2,500 or £100 more than the best offer you receive under £3,500.” Mintus Plc sends a telex on the evening of 9th September offering £3,500. The offer is received on Atonia’s telex machine at 6pm on 9th September, but not read until 10:30 am on 10th September. This essay advises Astonia Plc and considers whether it is obliged to sell the widget-making machine and, if so, to which company.
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