Problem solving assessment
Philomena owns a bookshop which specialises in acquiring and selling rare books. She recently saw an advertisement in a specialist book magazine for a first edition of a book written by Niccolò Machiavelli. The advertisement, which had been placed by Mark Harrington of Harrington’s Rare Books, stated that it was ‘on offer for £1000’. Philomena telephoned Mark on Monday morning. She informed Mark that she would buy the book for £750. Mark replied that he would sell it for £900. Philomena responded by saying she would need some time to think about buying the book for £900. Mark informed Philomena that he would not sell the book to anyone else until Philomena phoned him back in three days’ time with her final decision.
On the same day that Philomena had telephoned Mark, Ronan visited Philomena’s shop that afternoon. Ronan asked Philomena if she had a first edition of the book written by Niccolò Machiavelli and told Philomena that he would be willing to pay £1500 for such a book. Philomena informed Ronan that she would be able to obtain and sell him the book. Ronan was delighted and paid Philomena the £1500 in cash. She informed Ronan that he would be able to collect the book on Friday at 4pm. As soon as Ronan left the shop Philomena telephoned Mark. She informed Mark that she would purchase the book for £900. However, Mark informed Philomena that he had already sold the book to Greta for the asking price of £1000.
Philomena has been searching the internet and managed to find another first edition of the book written by Niccolò Machiavelli. It is on sale in a bookshop called Golden Treasures which is owned by Herbie Tomkins. Philomena telephones Herbie on Tuesday morning and asks if he still has the first edition of the book written by Niccolò Machiavelli. Herbie confirms he has the book and the asking price is £1300. Philomena informs Herbie that she needs some time to think about the price but will call him back at 5pm today.
Philomena decided to purchase the book from Herbie for £1300 as she will still make a £200 profit on the resale to Ronan. Philomena telephones Herbie at 5.35pm. Unfortunately, Herbie closed the shop at 5.30pm and her call is taken by the answer machine. Philomena is informed that the shop is now closed and will reopen on Thursday at 10am and to leave a message. Philomena leaves the following message for Herbie: ‘Hi Herbie, this is Philomena. I telephoned you today about the purchase of the first edition of the book written by Niccolò Machiavelli at a purchase price of £1300. I wish to accept your offer and will collect the book this Friday no later than 11am. I will put a cheque for £1300 in the post with a covering letter confirming my purchase. Bye for now.’ Philomena then writes a short letter confirming she is buying the book and places a cheque for £1300 inside the envelope with the letter. She writes the address of Herbie’s shop on the front of the envelope and posts the letter on Tuesday evening.
On Wednesday morning Herbie’s shop cleaner let’s himself in to the shop. He unplugs the answer machine, so he can use the vacuum cleaner but forgets to plug the answer machine back into the electrical socket when he finishes.
On Thursday morning Herbie opens his shop and his first customer is Tanisha. She asks Herbie if he has a first edition of the book written by Niccolò Machiavelli. He informs Tanisha that he has one copy of the book and the asking price is £1300. Tanisha agrees to buy the book, pays and leaves taking the book with her.
On Friday morning at 9am Herbie discovers that his answer machine has been unplugged. He immediately plugs in the answer machine and listens to Philomena’s message. Ten minutes later Philomena’s letter, along with the cheque for £1300 arrives. At 11am Philomena arrives at Herbie’s shop only to discover that the book has been sold to Tanisha.
Advise Philomena of any potential liabilities in contract law.
Knowledge
Produce a plan which will focus on advising Philomena of any potential liabilities in contract law.
Identify related sources that address the legal issues in the scenario.
Demonstrate in-text referencing whilst providing an outline plan.
Produce a reference list at the end of your work which reflects the academic style outlined in the Law undergraduate guide (LUG).
