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In January, Freddie and Brian were negotiating via email for the sale and purchase of a shipment of

sporting equipment. Both parties had confirmed that all business ,would be conducted through their respective email addresses. Freddie sent a final offer to Brian's email address on 21 January stating that the offer would close at 5pm 23 January. Freddie received no reply from Brian and on 25 January sold the shipment to another customer. Brian emailed Freddie on 28 January accepting the offer and apologising for the delay explaining that he had been out of the office at the Adelaide Tour Down Under and had not seen the offer. Freddie explains that he has already sold the shipment to another customer. Brian replies he had no right to do so.

What are the issues raised by these circumstances? Did Freddie behave legally? Would your answer be different if the parties had not confirmed that all business would be conducted through their respective email addresses?

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Brian and Freddie had confirmed the business... View the full answer

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