John has three cars – a blue car, a red car, and a green car – which he inherited from his father. He needs to sell them to pay debts owing under an unsuccessful business venture.
John contacted Anita who he has been told is interested in buying the blue car. Anita asks John to drive the car to her house so she can have a good look at it. John drives the car to Anita’s premises for her to assess but before negotiations are complete John gets a telephone call requiring him to go immediately to his accountant’s office to sign some important documents. Anita asks John to sign a document “giving me the right of first refusal to buy the car” before he leaves. Because John is in such a hurry, he simply signs the document at the bottom without reading it. When he returns to Anita’s premises later in the day, he learns that the document he signed was a contract of sale of the blue car to Anita for $10,000 which is considerably less than John expected to get for it.
John’s solicitor, Claire, is a keen car collector who is interested in buying John’s red car. The red car has been valued at about $60,000 because it is a rare model. Claire offers John $30,000 for it. Although John is very unhappy with this price, he reluctantly agrees to sell it to Claire at this price because Claire’s support will be necessary to him in resolving his current financial difficulties and John does not want to risk upsetting her.
John sells his green car to Nigel, a car dealer. They agree on a price of $30,000. Nigel produces a 10-page written contract for John to sign. John tries to read the contract, but it is written in very legalistic language that he cannot really understand. He advises Nigel that he needs to talk to his solicitor first. Nigel says “Sure. Go ahead. But my offer to buy at $30,000 is open only until close of business today”. Because John urgently needs the $30,000 to pay a debt, he decides to sign the contract. The next day Nigel advises that he is withdrawing from the contract pursuant to a contractual term in fine print on the 9th page.
Advise John as to any legal action he may have against Anita, Claire and Nigel.
Ensure your answer has both required elements:
- Letter of Advice to John
- Diary note
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