Contract Law

Ben and Perry are business partners in a firm called Huddersford Vintage Jewellery, buying and selling old and unusual jewellery on- line and in their Main Street store. On 5th April Zak, an antiques dealer, decided to make an offer on a gold necklace watch which he had seen on the firm’s website, priced by Ben and Perry at £7,000. He wanted to give this to his fiancé, being aware that the watch was very rare. At 9.00 am. on 5th April Zak left a message on the firm’s answer machine offering to pay £6,000 by cheque. He sent an e-mail confirming this before midday that same day, giving all his contact details. Ben and Perry discussed the offer and decided they would sell for £6,000. Perry drafted an e-mail to Zak accordingly. However, as his internet was not working, Perry’s email was not sent. Over morning coffee Ben asked Perry to stick out for £6,500 for the watch. Perry agreed and left a voice-mail for Zak accordingly, stating that this offer would be left open until 5.0opm that day. On 5th April, at 1.00 pm during her lunch hour, Ayesha saw the necklace watch in the window of Huddersford Vintage Jewellery. She went into the shop to examine it. Recognising it as a family heirloom her mother had sold years earlier, she was determined to buy it immediately. Ayesha offered £6,500 cash and this offer was accepted by Ben and Perry. Ayesha withdrew the cash from her bank next door and was given the watch. She then rushed back to work. Zak checked his voice-mails at 10.00 pm on 5th April, when he heard the message from Ben and Perry. He replied by text at 9.00 am. on 6th April that he would have the necklace watch for £6,500. Advise Zak whether he has a binding contract with Huddersford Vintage Jewellery and whether it would have made any difference if Zak had sent his acceptance by post at 5.3opm on 5th April.