Contract problems James v Emily

Paper , Order, or Assignment Requirements

Coursework question:


On Monday, James is shopping in his local convenience store where he sees a notice that says:(labradoodle puppies for sale! £300-£400 each; contact Emily for more details on:07939575416)


later that day James calls the number on the notice and speaks with Emily. James tells her would love to buy one of her puppies. He asks her the age of her puppies and whether or not they have been wormed and vaccinated. Emily replies that they have not. James says that as they have not he would be willing to pay £200 for a puppy. Emily says that the lowest she willing to accept is £300. James says he will pay £300 but only if the puppy has been microchipped. Emily agrees to this but says’ I can only reserve a puppy for you if you send me an email with your detail.’


Later that day, James emails Emily all of his detail and confirmation that he would like to purchase a puppy for £300. Unfortunately, Emily has a spam filter on her email account and he email ends up in her junk folder. Emily does not read the email.


On Thursday, Emily calls James to see if he still wants to purchase a puppy. Suspecting there is something wrong with her email account she leaves James an answerphone message with her address saying if she receives his details by post on or before Saturday she will reserve a puppy for him.


James posts the letter later that day and Emily receives it on Saturday. She calls James and says he is welcome to come and choose his puppy on Monday.


On Monday James arrives at Emily’s to choose his puppy. It turns out that the puppies in question are not labradoodles, but another cross-breed. James refuses to buy one.


Dose Emily have a claim against James for breach of contract?