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Unformatted text preview: is 3 years old. In
any case, you don’t have to worry about the reliability of this car because all the
engine parts are original and 1st hand and are in good working condition.”. Relying
on Justin’s assurance, Mark agreed with Justin that the contract for the sale and
purchase of the BMW car would be concluded by e-mail correspondence, which to
them was wholly in-line with the practices of the new economy.
Some days later, Justin sent Mark an e-mail message, offering to sell Mark his
second-hand BMW 323 car for $100,000. Justin’s e-mail only contained three clauses
(A) It is hereby warranted that all engine parts of this second-hand BMW 323
car are original and 1st hand and are in good working condition;
(B) This second-hand BMW 323 car costs $100,000;
(C) If you wish to accept this offer of mine on the above terms and conditions,
please e-mail me your acceptance by 7 November 2000, 4.00 pm, at the
following e-mail address: [email protected] (my office e-mail address).
In his haste and excitement, Mark sent a return e-mail acceptance message on 7
November 2000 at 3.00 pm to Justin’s personal e-mail address at [email protected]
Justin only managed to retrieve and read Mark’s e-mail acceptance message at 5.00
pm that same day.
The BMW car was delivered to Mark a week later and in return, Justin received a
cheque for the amount of $100,000, which he immediately deposited with his bank.
Mark’s happiness in driving his BMW car to SMU was unfortunately short-lived.
Recently, whilst trying to start his car one morning, Mark saw smoke emitting from
the engine compartment. He sent for the expert BMW mechanic, who told him that a
particular engine part had overheated. The expert further confirmed that the
overheated engine part was not an original BMW accessory and had been previously
replaced. The expert was also of the view that the BMW car which Justin had sold
Mark was at least 5 years old.
-2- LGST101 As a result of the overheating, Mark’s car had to be sent to the Performance Motors
workshop for 2 full days of repair costing $2,000 (luckily, the performance of Mark’s
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This document was uploaded on 04/07/2014.
- Spring '14