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Rolf Hart runs a successful art gallery that hosts exhibitions and sales for up-and-coming artists. At the end of a recent exhibition there were four paintings left unsold that Rolf himself had painted which he put them up for sale at $5,000 each. Rolf placed them in the reception area of his gallery with a large sign under each clearly communicated that they were on offer for sale each at $5,000 each.
A local art historian Tony Harris happened to be passing the gallery on Tuesday when he noticed the four paintings for sale. Excitedly he noted down the details in his notebook, and when he got home he wrote a letter of acceptance for all four paintings at their offer price. The following day at 12 o’clock Tony posted the letter of acceptance at his local post office using a guaranteed next day delivery service.
Tony was furious when he subsequently received a letter from Rolf informing him that he was unable to accept Tony’s offer for the paintings, as they had been sold to a collector late on Wednesday afternoon. Tony immediately wrote back to Rolf informing him that he was considering suing him for breach of contract.Advise Rolf on the likelihood of Tony successfully suing him for breach of contract. (10 marks)
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