Online Vinyl Sales Dispute

Summary

Alex may not have a contract with John due to lack of acceptance. Lisa has no contract as she didnt agree to the actual price. If John received payment from Alex, consideration is fulfilled, making it harder to avoid the contract. Seek local legal advice for detailed understanding.

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John runs a small vintage vinyl record store and is exploring selling some of his items online. He posts a photo on his social media page of a rare vinyl record with the caption "Vintage vinyl for sale, DM for price." Alex, a potential buyer, sends John a direct message asking about the price of the record. John responds with "It's RM200, are you interested?" Alex replies "Yes, I'm interested in buying the record. I will pay you later." John does not respond to Alex's message after that. Alex assumes that the deal has been made. Later that day, his brother Charles sends John RM200 through an online payment platform. A few days later, John sends Alex a message saying the record is actually worth much more than RM200 and that he has already sold it to someone else for a higher price. Alex is angry and wants to know if he can sue John for breach of contract. After the incident with Alex, John decides to sell his vintage vinyl records exclusively in- store to avoid any more confusion with online sales. One day, a customer, Lisa, walks into the store and sees a rare vinyl record on display. She sees the price tag which says RM50 and decides to buy the record. She walks towards the counter to pay for the record. Before paying she notices that the price tag actually says RM500, she changes her mind and decides that she does not want to buy the record after all. John refuses and says that the sale is final. (a) Advise Alex and Lisa on whether they have a contract with John.
In the case of Alex, the following points apply:
- In a contract, there needs to be offer, acceptance, and consideration.
- Alex showed interest and intended to pay, but John didn't respond to him, which may indicate no acceptance.
- John told Alex that the item is sold to someone else, which negates the existence of a contract.
For Lisa:
- There's a misunderstanding about the price. Lisa saw RM50 but the actual price was RM500.
- If Lisa didn't agree to the price and didn't give any consideration (money), there is no contract.
Assuming a contract was formed between Alex and John, advise John on whether he can avoid the contract in the context of consideration.
In the context of consideration:
- If John didn't receive any payment from Alex, it could be argued that there was no consideration, a key element for contract formation.
- If no contract was formed due to lack of consideration, John might be able to avoid contract obligations.
What if john received payment
If John received payment from Alex, then the element of consideration is fulfilled. He might not be able to avoid the contract. It's essential to seek advice from a local lawyer for detailed understanding.