Andrea has decided to sell her old car. She wants to sell it quickly because she needs money to buy a new motorbike together with her boyfriend David. On Sunday afternoon, she parks the car outside her house with a notice on the front windscreen stating: “For Sale – €2000. Please call 01 1234567. First-person to agree on the price will get the car.”
On Monday morning, Francesca sees the car and telephones, Andrea, making an offer of €1500. Andrea says that she would like to consider it. Francesca says that she will assume Andrea has accepted unless she hears from her by 9.00 pm that evening, and that she will come to take the car the day after. On Monday evening, Curtis sees the car and call Andrea’s house. Andrea is working till midnight, and Andrea’s boyfriend, David, picks up the phone.
Curtis offers €2000. David writes a note for Andrea and waits for her return. Andrea comes back at half-past midnight. David is sleeping and she does not see the note on the desk. On Tuesday morning, when David gets up, at 7.30 am, he speaks immediately to Andrea. Andrea calls Francesca at 8.30 am and says that the deal is off. Advice each party as to their legal position.
2. a) Give one example of a contract made illegal under the statute and one example of a contract made illegal at common law.
b) The maxim ‘Loss lies where a fault is’ generally applies to illegal contracts. Outline the exceptions to this maxim.
3. Two years ago, Louise, who was changing careers at the age of 25, was offered a scholarship to study computer programming at MIT in Massachusetts. However, her mother, Florence wanted her to stay in Dublin and study at UCD. In return, Florence promised Louise that she could move back home, and Florence would pay all tuition costs, and give her €100 per week pocket money.
Louise reluctantly agreed, giving up her scholarship, and moving in with her mother. Now, Florence has started a new relationship and is finding that having her daughter around is cramping her style. She has asked Louise to move out, and she is not offering to help with Louise’s rent on a new place to live.
Louise doesn’t think she can afford to stay in college and rent an apartment on €100 per week. She asks for your advice. In particular, she wants to know if she can enforce her agreement with her mother. Advise Louise.