VIC Help on approach to answer a law question (Contract Law).

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

thomas3040

Active Member
13 August 2024
13
0
31
Looking for any input on approaches to answering this sort of question. Otherwise, who would you side with in this scenario? Matilda is PhD student specialising in Ancient Egyptology. One day she attended a local market stall. Quite a few of the stalls were selling secondhand wares and antiques. Matilda approached one stall, owned by Stefan, an 85-year-old retired Veteran who was severely long sighted (almost unable to see at close range). Amongst the crockery, prints, figurines and jewelry, Matilda spotted a couple of items, including a brooch, ceramic funerary figurine and part of a wooden tomb. Fascinated and having studied similar items in her degree, she knew that these items would be worth at least in the dozens of thousands of dollars, far higher than their advertised price of $10 each. “Excuse me Sir,” Matilda stuttered nervously, “How much for this these items?” “Well, I’m not sure. Pass it here and I’ll have a look at it.” She reluctantly handed them over. Stefan searched for his reading glasses but couldn’t find them. Matilda could see his glasses amongst the crockery on the table, but she stayed silent, worried that he might recognize that they're valuable. “Oh well,” he said. “How much do you think its worth?” “Oh, I don’t know.” Matilda feigned. “$10 I think,” said Stefan. Matilda handed over $30 or so for the three items and he gave her the items. Suddenly his wife, Marsha, returned to the stall and saw the items in Matilda’s hands. “Oh my god, Stefan! Did you nearly sell these?!! These are the treasured heirlooms your mother left you!” (Noting his mother was a highly notable academic in Ancient Egyptology). Stefan looked shocked and turned to Matilda. “Sorry my dear, but the deal’s off. I couldn’t see properly and I made a mistake. Here’s your money back. Can I have them back please?” Matilda refuses to give them back. Stefan and Marsha threaten to take her to court to get it back. Matilda seeks your advice