Kelly is selling a Playstation 5 (PS5) video game console. They are new (just released on November 10, 2020) and in high
Posted: Tue Apr 26, 2022 12:34 pm
Kelly is selling a Playstation 5 (PS5) video game console. They
are new (just released on November 10, 2020) and in high demand.
Kelly advertises the PS5 on Kijiji for $1000. She gets an email on
the same day from Robert, and they decide to meet at Ossington
subway station to complete the transaction. When Kelly and Robert
meet at the subway station, Kelly has the feeling that Robert is
not fully committed to buying the PS5. Kelly finally says to
Robert: “Do you want to buy it for $1000? If so, I'll give you
until tomorrow (Tuesday, December 15, 2020) at 5pm to decide.”
Robert doesn't say anything except: “I'll have money tomorrow.”
Robert then turns and walks away. Kelly is confused by Robert’s odd
behaviour and answer and decides to go back home. Kelly hears
nothing from Robert by 5pm on December 15, 2020, so she responds to
another prospective buyer and sells it for $1500. The next day,
Wednesday December 16, 2020, a Canada Post courier arrives with a
letter from Robert, "I accept your offer, here is a money order for
$1000." The letter is postmarked Tuesday, Dec 15, 2020, 4:30pm.
Kelly calls Robert and says she already sold the PS5. Robert is
very angry as PS5s are now listed for $2000. Robert sues Kelly in
Small Claims Court for breach of contract.
Will Kelly or Robert be successful in this Small Claims Court
action? Analyze, using legal concepts and example from this fact
scenario to support your answer.
If Robert is successful, what type of damages or equitable
relief would he likely be entitled to? If damages, how much?
Explain.
are new (just released on November 10, 2020) and in high demand.
Kelly advertises the PS5 on Kijiji for $1000. She gets an email on
the same day from Robert, and they decide to meet at Ossington
subway station to complete the transaction. When Kelly and Robert
meet at the subway station, Kelly has the feeling that Robert is
not fully committed to buying the PS5. Kelly finally says to
Robert: “Do you want to buy it for $1000? If so, I'll give you
until tomorrow (Tuesday, December 15, 2020) at 5pm to decide.”
Robert doesn't say anything except: “I'll have money tomorrow.”
Robert then turns and walks away. Kelly is confused by Robert’s odd
behaviour and answer and decides to go back home. Kelly hears
nothing from Robert by 5pm on December 15, 2020, so she responds to
another prospective buyer and sells it for $1500. The next day,
Wednesday December 16, 2020, a Canada Post courier arrives with a
letter from Robert, "I accept your offer, here is a money order for
$1000." The letter is postmarked Tuesday, Dec 15, 2020, 4:30pm.
Kelly calls Robert and says she already sold the PS5. Robert is
very angry as PS5s are now listed for $2000. Robert sues Kelly in
Small Claims Court for breach of contract.
Will Kelly or Robert be successful in this Small Claims Court
action? Analyze, using legal concepts and example from this fact
scenario to support your answer.
If Robert is successful, what type of damages or equitable
relief would he likely be entitled to? If damages, how much?
Explain.