COMLaw 201 Commercial Law

Bert and Victoria live in Auckland.  On Monday morning, Bert sends an email to Victoria making an offer to buy Victoria’s motorbike.  The email also says: “I am leaving this afternoon for my parents’ high country sheep farm in the South Island.  I will stay there for about a week to help with the shearing season.  During the week, you can reach me only through my mobile 021 1234567.  Please let me know your decision in the next few days.”

On Tuesday morning, Victoria decides to accept the offer.  She calls Bert’s number numerous times, but she cannot get through.  The reason, unbeknown to Victoria, is that the transmission tower for that area is out of service.  At 1 pm Tuesday, she posts a letter of acceptance to Bert’s home address in Auckland.

In the meantime, Bert has bought a motorbike from a farm worker on Tuesday morning.  A friend of his is going to Christchurch in the afternoon.  He asks his friend to call Victoria to cancel his offer as soon as the friend gets to an area where transmission for mobile phones is working.  At 3 pm Tuesday, the friend calls Victoria saying: “I am Bert’s friend.  He wants me to tell you that his offer to buy is cancelled.”  Victoria’s letter is delivered to Bert’s address on Wednesday and is read by Bert on Saturday.

Discuss whether there is a contract between Bert and Victoria for the sale and purchase of Victoria’s motorbike. (300 – 400 words)