Title – It’s just 2 questions
Referencing Style – OSCOLA
Number of References – At least under 20
Structure – Problem scenario for question 1 & essay style for
question 2. Use a lot of law contract cases for both questions. For
question 2 in particular please use books, news article etc.
Paper instructions : Question 1:
On Monday 7 March Cornell placed an ad for the sale of his motorbike at £2,500 on the
Azra saw the ad and clicked on the item icon in order to process the transaction. She
became distracted when her phone rang and she left the computer screen with the
message, ‘transaction pending.’
Vincent phoned Cornell and asked, ‘If you sell me the bike, will you spray-paint it blue for me
Cornell replied, ‘No, the bike will not undergo any alternations before sale.’ Vincent
responded, ‘Ok, reduce the price to £2,000 and I’ll give you my credit card details to pay you
now’. Cornell was interrupted by a parcel delivery at his front door. Vincent does not get any
response from Cornell, but assuming that Cornell is still listening, Vincent gives his credit
card details over the phone and hangs up.
At 4 pm that day, Cornell receives an email from Zafar who says, ‘Hello Cornell, I’d like to
buy your bike’. Cornell emails him in reply, ‘That’s fine, as you know I’m selling it at £2,500’.
Zafar emails Cornell at 4.30 pm saying, ‘Ok, I’ll buy your bike for £2,500’. Due to technical
problems, Zafar’s email does not appear in Cornell’s email inbox until 7.30 pm that evening.
At 7.15 pm that evening Cornell, believing that Zafar was no longer interested, leaves a
voicemail message on Zafar’s phone saying, ‘Hello Zafar, I have not received any reply from
you. I’m withdrawing my offer.’ To make absolutely sure that Zafar gets the message Cornell
phones Zafar’s neighbour, Ellie, and asks her to deliver the message. She agrees to do so.
At 7.40 pm that evening, Cornell checks his email and sees that Zafar had sent his
acceptance. However, he assumes that Zafar must have received his message about
withdrawing the offer and so he does not reply to Zafar’s email.
Later on, Cornell removes the motorbike from the website and sends a text to his friend Luna
saying, ‘Would you like to buy my motorbike? I’m selling it at £2,500’ She replies by text
saying, ’Let me think about it. You know I’m a lawyer, so I can draft a short, written contract
and we’ll meet at the pub tomorrow.’
On Tuesday 8 March Luna meets Cornell at their local pub and after several pints of lager,
Luna tells Cornell, slightly intoxicated, ‘I was going to draft a written contract of sale for that
bike, but we don’t need that now that we are here. Let’s just shake hands on it.’ They both
shake hands and raise their pint glasses before taking another drink.
On Thursday 10 March, Azra checks the website Bykes and sees the message, ‘Item
removed from sale’ where Cornell had previously placed his ad. She believes that her
transaction was duly processed. To verify, she checks her bank account details on her
phone, which tell her that there is ‘£2,500 pending transaction.’ That message in fact relates
to the purchase of a new laptop.
Later that day, Vincent arrives at Cornell’s apartment, expecting to collect the motorbike and
tells Cornell, ’I’m so happy to get that bike for £2,000’.
Around the same time Cornell’s phone pings and he sees a text from Azra. In the text she
thanks Cornell for the motorbike, as she sees that her transaction at £2,500 is being
Cornell receives an email from Luna which says she is pleased that they now have a binding
agreement and the handshake in the pub proves it.
Advise the parties, giving reasons, as to with whom, if anyone, does Cornell have a
Is the doctrine of Privity now irrelevant, following the passing of the Contracts (Rights
of Third Parties) Act 1999?
Notes to take in:
– Question 1 is a problem scenario, please include law cases and refer
it back to the problem scenario. Use law legislation which match the
– Question 2 is a essay style question, please use various of sources such as cases and other academic sources like books etc.
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