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Question

Hi, I need some help from people in a law related profession. I have to study the following case for a course of mine called Basic Law. Please help me with this case.(I am an engineering student).

Aslinda wants to sell her grandfather's clock. She writes the following letter to four people :
“Dear friend, in the past you have shown an interest in my grandfather's clock. I have decided to sell my clock; if you are interested, please send me a bid by express post to reach me no later than 3p.m. on the 15th of this month. I am writing the same letter to four people.”
Jumali sends in his highest bid. After considering the bids Aslinda rejects them all and accepts instead an offer from Rahul, a work colleague who offered her RM200.00 more than Jumali. Jumali disagrees with Aslinda’s decision and wishes to sue her.

How would you advise Aslinda?

Any help is welcome; explanations, cases I can refer to.

Thanks
Jinx

Answer 1

I'm not a lawyer or a law student, but this seems fairly easy.



Assuming you quoted Aslinda's letter correctly, at no point does she state that she will sell her clock to one of the four bidders. Therefore, no implied contract exists. In all auctions, the seller retains the right to a "Reserve Price" to guarantee a satisfactory outcome. By Reserve Price, I mean a minimum price that the seller believes is realistic (without it, what would she do if everyone bid only one dollar -- see what I mean?).



Since she made no guarantee to sell to one of the four, and since she retains reserve rights, she is more than entitled to sell to whomever she wishes. She asked for bids, she did not guarantee to sell. After examining the bids, she determined that none were satisfactory; and that is her choice. She is free to sell to whomever she wishes, and Jumali has no case.

Answer 2

I don't see how Jumali would have a case against Aslinda. While it's true that she sent letters to and they sent bids, the letter simly states that it's making an inquiry.



If you really want to get technical, the letter doesn't say which four people. If Aslinda wanted, she could just claim that Rahul was one of the four people.



Even then, it's none of Jumali's business what Aslinda does. The letter itself was just sending out an inquiry and nothing more.



The letter also doesn't say anything about whether there was an extension to where copies of the letter could have been sent to five or more.



Wouldn't it be the same as if you posted an entry here to give 10 points to the best answer as an inquiry.



Let's assume that mine was the best answer that deserved the 10 Point rating.



However, you decide just like Aslinda that your classmate whom you talked to during Study Group gives you a best answer than mine.



If I was to complain and sue you, that would be like me as Jumali trying to sue you as Aslinda.



Where does it say that you're obligated to give me 10 points and credit? Just like Aslinda, you were sending out an inquiry. Nowhere does it say you're obligated to vote on any answer and give credit in the same way that Alsinda isn't obligated to have to select a buyer from the original four (people who answer your Question on here).

Answer 3

Aslinda is not bound to sell her clock to any of the people she wrote the letter too. How does Jumali know he sent in the highest bid? A seller make the most from their sale as possible. If none of the original bidders met her "mental price" then she is able to opt outside which she did and make a larger profit. Her letter was not a binding contract to sell to only the four people that she wrote too. No where in the letter did she say that it was a closed sale only for those 4 people, she was simply giving them first option. Jumali was simply out bid.

Answer 4

I would presume aslinda has the right to accept any bid she wishes, due to the fact in her letter she never stated the highest bidder would receive the clock.

Answer 5

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Answer 6

No sorry I am not a lawer.