Real Estate Property Rights: Question 3 - Legal Analysis of Contract

This assignment solution addresses a real estate law problem involving a contract for the sale of land. The scenario presents a negotiation between a buyer (Steve) and a seller (Susan), focusing on offer, acceptance, and communication of acceptance via email. The analysis centers on whether a binding contract was formed, considering the timing of acceptance and the impact of email delivery issues. The solution references the Contract of Sales Act in Australia and the case of Adams v Lindsell to determine whether Steve's acceptance was valid, even though Susan did not receive the email due to a full mailbox. The assignment also explores the rules regarding contract revocation and whether Susan could revoke her offer after Steve's acceptance. The solution concludes with advice for both Steve and Susan, highlighting their legal positions and obligations under contract law. The assignment is a case study applying contract law principles to a real-world situation.

Real estate property rights

TABLE OF CONTENTS
Question 3..................................................................................................................................3
REFERENCES...........................................................................................................................5

Question 3
(a)
Steve
As per the contract of sales act, Australia, if the acceptance to the offer is to be
communicated through the modes as determined or stated by the offeror, then it is deemed to
be the offer is being accepted once the letter of acceptance has been posted. In reference to
the Adams v Lindsell (1818), the letter or the email should be correctly addressed in respect
for this rule to be accepted (Sage, 2019). In the given case, it was clearly been stated by
Susan, that the any communication for the buying of land is required to be done through
email provided by Susan. As per their last negotiation, Steve accepted the terms and
communicated the same through mail to Susan within the given time of on 8th April. But the
mail did not reached Susan due to the reason that her mail box was full. On 10th April, Steve
communicated to Susan pertaining to the email, on which she told him that she did not
received any reply from him on 8th April and thus, she has already negotiated the sell of her
property to another interested party. But as per the law, the offer is accepted as and when it is
sent and will be treated as accepted at the time it was being given. Thus, on the part of Steve,
it is advisable to him to tell Susan that the offer was accepted on his part and was also timely
communicated to her. Thus, the acceptance cannot be revoked by Susan after the
communication for acceptance is being made.
(b)
Susan
A contract is considered to be completed when there is an acceptance of an offer
along with the other requirements being fulfilled, free consent, communication etc. As per
the Contract Act, the revocation of the offer can be made before the acceptance of the
communication is made by the offeree. Once the communication in regard to acceptance is
done, the contract cannot be revoked. In the context of the given case, the communication
was made through the medium determined by the Susan, that is, email, and also based on
their last conversation with each other, Susan requested Steve to reply to the email by COB
today 8th April as she is having other interested party as well. On this, Steve immediately
sends the response which was not received by Susan as her mail box was full. But as per the
Act, offer is deemed to be accepted as and when it is sent irrespective of when it is received
by the offeror (Yin and et.al., 2020). Thus, it is advisable to Susan to sell the land to Steve as
he has fulfilled all the conditions and along with that has timely communicated the same to

Susan. It was a mistake on eth part of Susan, thus, Susan should communicate with Steve if
he is still interested in buying the sale as she has already negotiated with the another party
and in case, he does not agree then it is the duty of Susan to sell the land to Steve with the
agreed terms.

REFERENCES
Books and Journals
Sage, N. W., 2019. The signficance of Adams v Lindsell. Journal of Contract Law.
Yin, K., and et.al., 2020. Contract Law. Cambridge University Press.