Problem scenario, students are required to identify the relevant issues, state the applicable principles of law, supported by authority, and apply the law to the given facts to arrive at a conclusion

Assessment 4: Problem solving exercise

Format

Problem scenario, students are required to identify the relevant issues, state the applicable principles of law, supported by authority, and apply the law to the given facts to arrive at a conclusion

Scenario (the facts)

On June 30th Kay emails Mordred and offers to sell Mordred a set of brand new golf clubs for $1,000. Kay adds that the offer must be accepted by noon on 1st of July. As a result of Mordred leaving his phone at the office, he does not receive Kay’s email until the morning of July 1st. Mordred needs a new set of golf clubs and immediately telephones Kay to accept. Kay is out and Mordred leaves a message accepting the offer on Kay's answer phone. Kay does notice a red light on the phone indicating the presence of a message, but being late for an appointment he ignores it. Later that day Kay's youngest child, Guinevere, plays with the telephone and accidently erases Mordred's message and as a result Kay does not receive it and forgets about the fact there had been an unheard message earlier that day. On July 3rd Mordred, who has heard nothing further, telephones Kay who says that the clubs were sold the day before to someone else because Mordred had not replied.

Required: Advise, with reasons, whether Kay would be liable to Mordred for breach of contract, for the sale of the clubs