Case Law: Coursework

Is the contract between Nathalie (N) and Tom (T) Binding

Nathalie (N) hires you to write an advice in which you explain whether or not she has a binding contract with Tom (T)

Case:

After having finished her second year as a law student at Amsterdam University, Nathalie(N) decides to make a road trip through legal Europe. The trip would take her from the weather-beaten shores of Rostock (where Hugo Grotius died) to the wonders of Skopje (the birthplace of Justinian) and the beauties of Edinburgh?s Parliament Square(headquarters to the Scottish Court of Session). However, Nathalie (N) lacks one essential ingredient: an affordable car. She is therefore delighted when, walking through the Hooftstraat one day, she sees a VW Campingbus with the sign `For sale: VW bus, really cheap! Call 06563466?. It turns out that the vehicle belongs to a man called Tom (T). Tom (T) tells Nathalie (N) that today, 15 June, is his 75th birthday, and that therefore he is willing to offer her a good deal. He says he will text her his price later that day.

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That evening Nathalie (N) receives a text messages from Tom (T). It reads: `Nathalie, the price is ?6.000. You must let me know within 10 days or I will find myself another buyer. Please let me know your answer by letter.? On 22 June Nathalie (N) sends a letter to Tom (T) indicating that she accepts his offer. To thank Tom (T) for his generosity, she adds a present to the letter: a book of 500 pages on nineteeth century Amsterdam glassware. On 23 June, the postwoman attempts to deliver the package containing the book and the letter, but Tom (T) is not home and it does not fit his postbox. The postwoman leaves Tom (T) a note indicating that he pick up a package at the post office. The note does not mention who is the sender.

On 26 June, the post office returns the package to Nathalie (N). Worried, she calls Tom (T) who tells her that he has not heard back from within 10 days and sold the car that morning to somebody else. Nathalie (N) protests and tells him that she accepted his offer to buy the car for ?6.000.

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Task:
You work as a lawyer. Nathalie (N) hires you to write an advice in which you explain whether or not she has a binding contract with Tom (T). The advice must discuss both German and English law. Please use the relevant articles. Please use the IRAC method.

Advice: You should give your reasoned legal opinion in a well-structured and well-written way. Please use the IRAC method. You should identify the relevant issue(s), state and analyse the relevant rule(s),apply the rule(s) to the facts of the case and conclude.

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By admin in Essays on November 20, 2016