Legal Analysis

Excellent condition. Price: $5000. Tel. 1902 222-3333.
Fax. 1902 222-3332. On Tuesday morning Beth telephoned the number provided in
the advertisement. Arthur was away at the time and the call was answered by Arthur’s
girlfriend, Carol, with whom Arthur had just had an argument. Beth explained to Carol
that she was calling in response to the advertisement and added, “I want to buy the
motorcycle. I’ll send a fax to confirm.” Carol replied, “Fine. I’ll tell Arthur when he
comes back home.” Beth then immediately sent a fax stating, “I am interested in
buying your motorcycle at the advertised price. I assume it is registered.” Arthur’s fax
machine was not loaded with paper at the time, so Beth’s message was not printed.
When Arthur arrived home early Tuesday evening, Carol said to him, “Your stupid
motorbike is not popular. Only one person has called about buying it.” Arthur asked
Carol if the person had provided their contact details, and Carol replied, “No.” Arthur
was irritated and went upstairs to his study where he discovered that the fax machine
was out of paper. He loaded it with paper, and received the print-out of the fax from
Beth. The letterhead used by Beth had an email address, so Arthur immediately
emailed Beth, stating, “I agree to your offer to buy my motorcycle.” Beth received only
part of this message due to a defect in the modem in her computer. The next day,
Beth saw a similar motorcycle advertised for sale by Dale, for $4,500. Beth paid Dale
in cash for the motorcycle and took it home.
Arthur would like to force Beth to complete the purchase of his motorcycle. Beth does
not wish to complete the purchase of the motorcycle because she bought one from
Dale. Provide your assessment of this situation.