Maxwell and Fitzgerald are cousins and were very good friends.
Maxwell and Fitzgerald are cousins and were very good friends. Maxwell told Fitzgerald that Maxwell was looking at a used Honda ZTX motorcycle and it was best looking bike that Maxwell had ever seen. Maxwell explained that the Honda ZTX motorcycle were not made any more and they were rapidly becoming collector bikes. He told Fitzgerald that the only problem was that the seller, Sam, was asking too much for the bike. Maxwell explained that he had offered N$100 000.00 for the bike but the seller was asking N$120 000. Maxwell was convinced that if the seller received an offer substantially lower than Maxwell’s offer that the seller would come down in price. Maxwell asked Fitzgerald to make an N$80 000 offer for the bike. Maxwell was very reluctant to do so. To make Fitzgerald change his mind, Maxwell emphasised how helpful Maxwell had been for Fitzgerald. Maxwell mentioned just how helpful it had been for Maxwell not to mention to Fitzgeralds wife the fact that Fitzgerald was having an extra-marital affair. Feeling that he had little choice, Fitzgerald agreed to make the offer after getting assurance from Maxwell that Maxwell would be the one buying the bike.
Fitzgerald put in the mail the following signed writing addressed to Sam:
I hereby agree to buy the HONDA ZTX motorcycle you have for sale. I will pay no more than $80 000.
While viewing the bike several days later, Maxwell noticed transmission fluid leaking from the bike. Knowing that the bike was being sold without any warranties because it was being sold as is (voetstoot) as declared by a large sign on the bike. Maxwell told Sam that Maxwell was no longer interested in buying the bike. Disturbed by the loss of a potential buyer, sam place in the mail an acceptance of Fitzgerald’s N$80 000 offer. The next day, Maxwell told Fitzgerald about the bikes problem and that he, Maxwell, was not going to buy the bike. Fitzgerald immediately called up Sam and told that Fitzgerald was revoking his offer.
Fitzgerald comes to you and asks you to solve his problems.
Discuss who has what rights against whom and why
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