芭芭拉的咖啡

Brian is a prosperous accountant and his wife Barbara is a successful real estate agent. Barbara owns a number of highly desirable commercial properties. While waiting for their cafe latte’s one evening after work on Monday 14th July 2008 at a trendy café bar, the conversation turned to certain office premises which Barbara owned and in which Brian wished to relocate his practice. The suitability of the building for Brian’s purposes was discussed briefly and, after Barbara indicated that she was “willing to sell for about $500,000”, Brian concluded the discussion by saying that “I’ll think about it dear”. The conversation then turned to matters more personal. 布莱恩是个富裕的会计师，而他妻子芭芭拉也是个成功的房地产经纪人。芭芭拉拥有一些很抢手的商业房产。2008年7月14日星期一傍晚，两人下班后在一家时尚的咖啡吧享用拿铁和聊天；话题转至布莱恩想要采用属于芭芭拉的办公房产作为他公司的新址，经过短暂的探讨其适用性，芭芭拉愿意以50万元出售。“亲爱的，我会考虑的”，布莱恩结束了该话题；双方转而聊起家常。 The letter from Barbara was included in the office mail which was posted that evening by her secretary as she passed the post office near her home and it was read by Brian at his office in the course of his perusal of the incoming mail the next morning. Brian was delighted with the offer and immediately typed up a response in the following letter: 当天晚上，芭芭拉的出价信由她的秘书连同其他公函，通过她住家附近的邮局寄出。第二天早上，该信函被布莱恩在办公室审阅信件时发现了。他对所要求的价格感到欣喜并即刻敲键打出回信。 Brian’s letter was posted at 5pm that evening by his personal secretary, the sultry Natasha. While Natasha was out, Brian telephoned his wife to tell her that he would be “working late” that evening and that she should not wait up for him. He then mentioned her offer to sell the property at Hilltown and said to her that “his reply is in the mail”. Nothing further was, however, said about it. 布莱恩的回信由他性感的秘书，娜塔莎，在当天下午5点投递。当娜塔莎外出时，布莱恩通过电话叫妻子不用等他，因为晚上需要‘加班’，并且还提及他针对她出售Hilltown 房产的出价已给予书面回复，但没再说其他。 After speaking to Brian, Barbara received some late instructions on a development and decided that she too would work late. On her way home at about 11pm, she called in unannounced to Brian’s office on the off chance that he would still be there. She did in fact find him there but Brian was not working but rather he was in a very compromising situation with his sultry secretary. 与布莱恩通话后，芭芭拉接到处理某情况的临时指示，因此也决定加班。晚上11点在回家的路上，她觉得布莱恩可能还在办公室，因此她不宣而至；果然布莱恩还在办公室，不过他不是在工作，而是与性感女秘书正在亲热。 In the heated argument that followed, Barbara declared “if you want Hilltown you’ll have to pay a $1 million for it. All deals are off”. Although extremely hurt by all that had happened, Barbara went to work the next morning. At 10.30am she received Brian’s letter of the previous day but threw this letter in the bin without having read it. 在随后的激烈争吵中，芭芭拉宣布：“如果你要Hilltown的房产，就给一百万吧，其他约定都取消了。” 虽然所发生的事故对芭芭拉造成极度创伤，但是隔天早晨她照样上班。十点半她收到布莱恩昨天寄出的回信，她没打开就扔进垃圾桶。 Barbara now does not want to sell the property to Brian and asks your advice as to whether or not a binding contract exists between them. 芭芭拉不想将房产卖给布莱恩，向你咨询她俩之间是否存在有约束力的契约。 （i）Advise Barbara. 6 marks 向芭芭拉提供你的意见。 6分 （ii）Would your advice in (i) differ if Barbara’s letter included the following paragraph? “This offer and any agreement reached between us is on the basis of it being subject to a formal contract drawn up by my solicitor”. 2 marks 如果芭芭拉的信里加入下面这一段，你在（i）里的意见会改变吗？ “本提议及任何我俩达成的协议必须基于我律师所草拟的正式合同。” 2分 (iii) Would your advice in (i) differ if Barbara’s letter dated 15th July 2008 included the following paragraph? “I require verbal confirmation of your acceptance of this offer and will not accept anything less 如果芭芭拉在2008年7月15日发出的信里加入下面这一段，你在（i）里的意见会改变吗？ “我需要你接纳本提议的口头确认，其他一概无效。”