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Sir, can you help me about my subject? I am 1st yr LLB ( Legal Research ) and we already confronted with cases that would fall on Law on Sales... It is difficult somehow because it is suppose to be for the 2nd year student subject and I have to defend it based on what we knew. The only problem is, I don't know what Article should I apply. and If you have some Landmark cases can you please add it ? it will be a great help to me to understand and survive the law school...
Here are the facts:
Mr. ABC telephoned Mrs. XYZ and, as a joke, offered to sell his PhP 3M yacht for PhP 500T. Mr. ABC has a reputation as practical joker. Although Mrs. XYZ knew the true value of the boat, she did not know Mr. ABC's reputation. Mrs. XYZ said to Mr. ABC, "You cannot be serious." then told Mr. ABC she needed time to think it over and raise the money.
Three days later, Mrs. XYZ telephoned Mr. ABC to accept the offer but Mr. ABC was golfing. Mrs. XYZ told Mr. ABC's secretary to tell him that she had called concerning the boat. The secretary called the golf course and left a message for Mr. ABC, "Mrs. XYZ called something about the yacht." By that time Mr. ABC was in the clubhouse and was intoxicated. The bartender took the secretary's message to Mr. ABC, who then telephoned Mrs. XYZ.
Immediately after he started talking with Mrs. XYZ, Mr. ABC passed out in the phone booth. While Mr. ABC was unconcious, Mrs. XYZ told him, "I accept the offer," and added, :But i'd like to see your golf clubs thrown into the deal, too." Mr. ABC does not remember the telephone conversation and now refuses to sell the yacht to Mrs. XYZ. Is there an enforceable contract?
Sir, if you could add some explanation, it would be a great help. Thank you so much.
Here are the facts:
Mr. ABC telephoned Mrs. XYZ and, as a joke, offered to sell his PhP 3M yacht for PhP 500T. Mr. ABC has a reputation as practical joker. Although Mrs. XYZ knew the true value of the boat, she did not know Mr. ABC's reputation. Mrs. XYZ said to Mr. ABC, "You cannot be serious." then told Mr. ABC she needed time to think it over and raise the money.
Three days later, Mrs. XYZ telephoned Mr. ABC to accept the offer but Mr. ABC was golfing. Mrs. XYZ told Mr. ABC's secretary to tell him that she had called concerning the boat. The secretary called the golf course and left a message for Mr. ABC, "Mrs. XYZ called something about the yacht." By that time Mr. ABC was in the clubhouse and was intoxicated. The bartender took the secretary's message to Mr. ABC, who then telephoned Mrs. XYZ.
Immediately after he started talking with Mrs. XYZ, Mr. ABC passed out in the phone booth. While Mr. ABC was unconcious, Mrs. XYZ told him, "I accept the offer," and added, :But i'd like to see your golf clubs thrown into the deal, too." Mr. ABC does not remember the telephone conversation and now refuses to sell the yacht to Mrs. XYZ. Is there an enforceable contract?
Sir, if you could add some explanation, it would be a great help. Thank you so much.
