ScholarMatic: Explanation & Answer
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You are consulted by Ms Michelle Adams, who instructs you as follows:
1. In June 2019 she
decided to sell her 2015 model Renault Duster motor vehicle with registration number XYZ 345 EC.
2. On 7 July 2019 she advertised the sale on her facebook page, indicating the details of the vehicle and the asking price of R150 000.
3. On 8 July 2019 she received an email from one Freddie Merx, who offered to purchase the vehicle for the asking price.
4. She made some enquiries about Freddie and established that he operates a business of buying and selling used cars; that he has a reputation for not keeping his word; and that he has several judgments against him. She therefore decided to ignore the email.
5. On 10 July 2019 she received another email from one Zico Volmink, who offered to buy the vehicle for only R145 000.
6. The same day Michelle wrote back to Zico and accepted his offer of R145 000, but only on condition that Zico would obtain a road worthy certificate for the vehicle at his expense, in order to make it possible for the vehicle to be transferred into his name.
7. Zico was not happy with Michelle’s condition regarding the road worthy certificate, and told her that he was not willing to obtain the certificate.
8. Despite this, the next day Michelle delivered the vehicle to Zico by arrangement between them.
9. Michelle heard nothing further from Zico, and over the next two weeks tried in vain to contact him by email and phone.
10. Michelle now wishes to claim from Zico the purchase price of R145 000, and to arrange for transfer of ownership of the vehicle to Zico.
please assist me in answering this scenario with regards to Contract Law
ScholarMatic: Explanation & Answer
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