University Singapore Institute of Management (SIM)
Subject Contract & Agency Law

Question 1

Due to a recent back injury, Cecelia has decided to give up water sports. She placed a notice that states, “Pre-loved Stand-up Paddle Board (Brand: Marine Life, Model: MR6000) for Sale, $500, call or text 9xxx 8xxx or email to [email protected]”, on the local supermarket bulletin board and also advertised this on Treasure Cove, an online platform for people to buy and sell second-hand items.

On Monday, Amanda, Cecelia’s friend from the same university, saw the notice on the local supermarket bulletin board and decided to call Cecelia because she had been looking to buy this particular brand and model of the paddleboard.

Amanda told Cecelia that she would love to buy the paddleboard but wondered if Cecelia would sell it for $400. Cecelia said “no” and that her selling price was fixed at $500; however, she was willing to give Amanda until Friday to make up her mind to buy the board for $500. She further confirmed with Amanda that Amanda could either call or text her by Friday, 5 pm.

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The following day (Tuesday), Amanda called Cecelia to indicate that she would be willing to pay $500 for the paddleboard and wondered if she could pay in two installments. Cecelia did not answer the phone so Amanda left a short text message to the same effect on Cecelia’s phone. Cecelia read the text message but did not reply to the message because she was not very keen to allow Amanda to pay by two installments.

Seeing that Cecelia did not reply to her text message, Amanda followed up with another text on Wednesday morning that states, “OK, forget about the installments, I will pay $500 in one go and I will come to collect your paddleboard on Friday morning.” Cecelia did not read this message because she left her phone at her grandparents’ house the previous night and she intended to pick up the phone from their house on Thursday.

On Wednesday afternoon, Cecelia received an email on her MacBook from Brent stating that he would be willing to buy the paddleboard for $500. Cecelia immediately replied to Brent’s email from her MacBook, giving him details of her bank account to facilitate his transfer of the money. Brent conducted the transfer immediately via an online banking transaction.

Since Cecelia could not reach Amanda by phone, she asked their mutual friend Donald to tell Amanda that the paddleboard had been sold to someone else. Donald managed to contact Amanda to tell her about this news on Wednesday night.

Assignment Question:

Explain whether there is a valid contract between Amanda and Cecelia. In your answer, you should identify and discuss the four (4) elements of a contract.

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