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BULAW 1502 Fundamentals Of Law

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Question:

Gordon advertised his car for sale. Mary inspected the car and declared her desire to purchase it. Gordon was happy with that but when she said she wanted to take it now but would pay him next week, Gordon explained he could not let her have the car until she provided the money. Mary’s response was as follows: “Oh, but I am Joan Bennett, the new Lord Mayor for Melbourne. Don’t you recognise me?” Gordon knew there had been discussion in the paper of the election of a woman Mayor (for the first time) but remembered no details, including the person’s name. He felt so foolish that he let her take the car. When he did not hear from Mary, she used the phone number she gave him, only to find it did not exist. He also discovers (of course) that Mary is not Joan Bennett.  

Gordon found the car when looking at the classified advertisements section of the newspaper but when he contacted the seller, Cheng, Cheng refused to give it back because he had paid cash for it.

Required:

Who has a better claim to the car, Cheng or Gordon? Give reasons for your answer.

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