FACTS

Clive ended his relationship with David when he discovered that David had been unfaithful to him (Clive) throughout their relationship. Clive decided to sell some of the expensive jewelry that David had given him in order to finance his new part-time degree course. Clive put a notice on the notice board at work on 7/01/2020 advertising it which read as follows:

“FOR SALE

Beautiful 2.5-carat diamond bracelet.

Unwanted gift, never worn.

Worth € 20,000, will sell for € 15,500 or nearest offer.

No time wasters please.

Contact Clive ext 666 or 087 6666666.

Stewart left a note on Clive’s desk on the morning of January 8th, 2020 saying that he wanted to buy the bracelet for his wife to make up for having crashed her car and that he would pay €15,500. Clive was in meetings all day on the 8th and did not go back to his desk to check for messages before he left work on the evening of January 8th. Clive did not see Stewart’s note until the morning of January 9th.

Damien rang Clive on his mobile at 7.30 p.m. on the evening of January 8th and offered him €15,000 for the bracelet, which he accepted.

Stewart now claims that he has an enforceable contract with Clive as he left his note on Clive’s desk message was left before the conversation between Damien and Clive took place.

Clive is confused and asks you to answer the following questions for him.

(1) Define the term offer.

(2) Define the term acceptance

(3)  Does Clive have a contract with Stewart? Give detailed reasons for your answer.

(4) Does Clive have a contract with Damien? Give detailed reasons for your answer.