How did Tommy sue Gary for selling his car?

However, Gary had sold the car to Henry and therefore Tommy decided to sue Gary for breach of contract. A legally binding contract was formed when the essential elements are present. They are offer, acceptance, consideration, intention to form a contract and capacity.

What was the advertisement to sell his car?

He put an advertisement outside the garage of his house and a pedestrian, Tommy, saw the sign and asked Gary that he would pay HK $25000 to buy the car. However, Gary refused him.

What was the offence of offering a car for sale?

Therefore, the offence charged, “offering for sale”, had not been committed. Similarly, in Gary’s case, he was also placing an advertisement (which was a sign) outside the garage of his house. The sign read: “Car for sale in good condition for HK$30,000″ was just inviting potential offeror to make the purchase offer.

What was the sign on Gary’s car for sale?

The sign read: “Car for sale in good condition for HK$30,000″ was just inviting potential offeror to make the purchase offer. Therefore, Gary’s sign outside the garage of his house should be treated as invitation to treat, but not as an offer.

Is it legal to sell car to family member?

If you plan on “selling” the car for $1, for example, your plan of helping out a relative may be somewhat foiled if he gets stuck paying sales tax on the value of the car. Before selling a car to a family member, it is important to understand the laws in your state so that you can enter into an agreement that is legal and fair to both parties.

Can a finance company sell a car to a non owner?

But if the finance company terminates the agreement, or simply allows it to expire in normal circumstances, but fails to pick up the car, then theoretically, the HP user of the car is free to sell it. Although this is not a rare happening, the application of the law may be different in apparently similar circumstances.

Can a seller remain in possession of goods after the sale?

This exemption, therefore, is much wider than the estoppel circumstances highlighted above. If a seller, with the consent of the buyer, remains in possession of goods after the sale has taken place and goes on to make a further sale of the same items, the final purchaser will gain a good title providing he had no knowledge of the original sale.

Can a hire purchase agreement be used to sell a car?

While a hire purchase agreement is valid, the finance company owns, for example, a car. But if the finance company terminates the agreement, or simply allows it to expire in normal circumstances, but fails to pick up the car, then theoretically, the HP user of the car is free to sell it.