Quelpr
6 marksFormation and Privity of Contract

CAPE Law Unit 2 · 2008 (second paper) · Paper 2 · Question 1(b)(i)

Eddie submits a sealed bid ahead of the deadline for a property listed on a realtor's website. The realtor emails the vendor, Mervyn, who instructs acceptance of the offer. Upon discovering Eddie is the prospective buyer, Mervyn withdraws the property from the market.

With reference to decided cases, advise Eddie whether he can succeed in a claim against Mervyn.

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Other parts of this question

  1. 1(a)(i)Explain to Selvon and Naipaul whether they qualify to bring an action against Harris in private nuisance.[2 marks]
  2. 1(a)(ii)State TWO categories of private nuisance.[4 marks]
  3. 1(a)(iii)Briefly outline ONE decided case of private nuisance on which Selvon and Naipaul may rely.[4 marks]
  4. 1(b)(ii)With reference to decided cases, explain to Mervyn his contractual liability, if any.[4 marks]
  5. 1(c)(i)Explain to Neville the nature of a tenancy-in-common.[6 marks]
  6. 1(c)(ii)Outline briefly what relief will be available from the Court, so that Elsa can assert her right.[4 marks]

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