QUESTION: Nasha is a 28-year-old lady who inherited a collection of German antique dolls from her aunt who died last mon
Posted: Sun Jul 03, 2022 4:26 pm
QUESTION: Nasha is a 28-year-old lady who inherited a collection of German antique dolls from her aunt who died last month. According to her aunt's lawyer, the collection had been valued at RM15,000. On 1 June 2022, Nasha contacted the Doll Collectors Association in her area and put an advertisement on the Association's weekly bulletin to sell the German antique dolls at the price of RM15,000. She stated that she will sell it to the first person who contacted her and is serious about buying the collection. On 15 June 2022, after seeing the advertisement, Mona immediately called Nasha to arrange inspection of the dolls. After inspecting and taking photographs of the dolls, she told Nasha, "I'm very interested, but I want to do some research. I'll get back to you." Nasha replied, "Okay, but my letter went out to a number of other people. I am selling it to the first one who calls and confirm that he or she wants to buy the entire collection at my price". The next day. Mona took the photographs to an expert doll appraiser to evaluate and authenticate the collection. The appraiser told her the dolls are authentic and worth at least RM30,000. Mona immediately telephoned Nasha, but the call went unanswered. Mona left a message on Nasha's voice mail saying that she wants to buy the doll and asked Nasha to call her back. Mona also wrote an e-mail to Nasha stating "I accept your offer to sell your doll collection for RM15,000. I will arrange for immediate payment and will come and collect the doll within the week". Mona received a phone call from Nasha on 16th June 2022. Nasha said, "I got your voice mail and e-mail yesterday, I want to let you know that I've had an appraisal made of the collection and it turns out that the dolls are actually more expensive than what I was told before this as it is very rare and valuable. I can no longer sell it to you at the old price, but I am willing to sell it to you at the price of RM35,000", Mona responded, "you can't do that. I have accepted your offer at RM15,000, so we have a valid contract. I will sue you if the dolls are not mine for RM15,000." Based on the facts; determine the followings:- (a) Whether there is a valid contract between Nasha and Mona. (12 marks) (b) Would it make any difference if Mona just sent the voice mail message to Nasha without sending an e-mail accepting the offer to Nasha. (3 marks)