These case studies are similar to what you have already been studying. Answer ALL questions. When answering these for an assignment, you should consider the following: • • • Use Case law to support your answer. The answer should not exceed 1600 words.
Assignment Question 1) Naiker has recently developed an interest in playing the piano. He wanted to buy a second hand piano to learn. Ahmad who owned a piano posted an offer by letter to Naiker on Monday 2 June as follows: “Good quality piano for sale $ 2,500. If you are interested in buying you must write to me.” The letter Ahmad posted was delayed because of the postal strike and only reached Naiker on Thursday 5 June. When Naiker saw this offer he was overjoyed and in order not to miss the opportunity of buying the piano he immediately posted his letter of acceptance on Friday 6 June. Naiker’s letter only reached Ahmad on Monday 9 June. Meanwhile, Ahmad not receiving a reply from Naiker believed that he is no longer interested in buying the piano, sold it to Janice on Friday 7 June. Since Ahmad is an accomplished pianist he organises concerts and plays the piano in these concerts. As usual he had booked the Emerald Concert Hall for his concert. But just one day before the concert Emerald Concert Hall was struck by lightning and the entire concert hall was burnt down. Ahmad had to cancel the concert and refund all the money paid by the audience. His piano which was brought to the Emerald Concert hall two days before the concert has also been destroyed by the fire.
a) Advise Naiker whether there is an enforceable contract?
b) Advise Ahmad whether he has any claim against Emerald Concert Hall in contract law?