Mr Abdul, a recent graduate from London Met, has won a brand new Hi-Tech Driverless car in a national New Graduates Competition.

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Mr Abdul, a recent graduate from London Met, has won a brand new Hi-Tech Driverless car in a national New Graduates Competition.

Question One

Mr Abdul, a recent graduate from London Met, has won a brand new Hi-Tech Driverless car in a national New Graduates Competition. There are only four of these cars in the whole of UK. After weeks of driving around with his friends and then doing serious thinking, Abdul decides to sell the car and concentrate on finding his first job.   On 13^th February 2017, Abdul, places an advertisement in the Moorgate Metro newspaper as follows:

“Brand new Hi-Tech Driverless car.  Good condition.  Worth £63,000.   Selling for only  £20,000.  Will sell to the first person willing to notify me by 12^th May 2017.  Telephone 023456-123-456.   Email [email protected].  Address  19A, Busy High Street,   London EC2.” 

Shortly afterwards, Abdul gets lots of responses from interested consumers, including eight from London.

On  27^th February 2017, Mr Castro, a carpenter in East London, telephones Abdul and asks whether he would accept  £12,000 for the car.

On 13^thMarch 2017, Mr Trump, a plumber in West London, telephones Abdul and asks if  the car has got enough space for his  tools.   On 15^th March, Madam Merkel,   a taxi-driver in Central London, telephones Abdul and asks if the car has got a good, reliable engine.    On 20^th March, Mr Xi,  a newly appointed bank manager in South London,  emails Abdul and says he likes the car,  but wants to know whether he could pay £15,000 now and the balance in  monthly instalments.  Madam May runs a computer repair shop at Wembley, in London.  After  exchanging numerous emails with Abdul, Madam May  informs  Abdul on 24^th March that  she is willing to buy the car for £20,000, but asks whether  Abdul could wait for her business partner, Mr Shinzo, to return from holiday so that  she will see whether Shinzo  also likes it. 

Mr Hollande, who sells fan heaters all over London, needs the car for delivery to his elderly customers.  Hollande posts a letter and a cheque for £20,000 on 4^th May, by first class recorded delivery post, agreeing to buy the car.   However, owing to the negligence of the Post Office, the letter is delivered to Abdul on 19^th May.

On 6^th May, Mr Putin, a 95 year old pensioner in East London who enjoys driving nice cars, reaches an agreement with Abdul to pay £1,000 immediately so that Abdul would keep the car sale open for him until 31^st May 2017  when he receives cash from the sale of his big house.

Mr Corbyn, an electrician in North London, sends an email to Abdul on 6^th May 2017 agreeing to buy the car for £20,000.  Abdul reads the email on 7^th May and sends a reply to Corbyn giving him an appointment to collect the car.

On 8^th May, a leading car dealer, called Great London Motors Ltd, announce on television that they are doing a promotion sale on several brand new Hi-Tech Driverless cars which they have just received from the manufacturer.   GLM are selling the cars for only £9,999.

Following this announcement, the potential customers no longer wish to buy from Abdul.  Instead, they all rush to buy from GLM.  Unfortunately for Castro, he spends too much time repairing his bicycle, and, by the time he arrives at GLM, the cars have all been sold.   Castro then goes back to Abdul and asks to pay the full £20,000 for Abdul’s car.   Mr Putin, having now bought from GLM, also wants his £1,000 back from Abdul.   Abdul is now quite upset.  He is refusing to sell the car to Castro and also refusing to return the £1,000 to Putin.

Advise Abdul whether the following consumers are under any contractual obligation to buy his car:  Mr Castro, Mr Trump,  Madam Merkel,  Mr Xi,  Madam May,  Mr Hollande,  Mr Putin and  Mr Corbyn.

Question Two

With reference to the following cases, discuss the contribution of Lord Denning to law on unliquidated damages:

a)    Phillips v Ward ]1956]  1 WLR 471 (CA)

b)    Jarvis v Swan’s Tours Ltd [1973] QB 233 (CA)