布萊恩是個富裕的會計師，而他妻子芭芭拉也是個成功的房地產經紀人。芭芭拉擁有壹些很搶手的商業房產。2008年7月14日星期壹傍晚，兩人下班後在壹家時尚的咖啡吧享用拿鐵和聊天；話題轉至布萊恩想要采用屬於芭芭拉的辦公房產作為他公司的新址，經過短暫的探討其適用性，芭芭拉願意以50萬元出售。“親愛的，我會考慮的”，布萊恩結束了該話題；雙方轉而聊起家常。
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:
當天晚上，芭芭拉的出價信由她的秘書連同其他公函，通過她住家附近的郵局寄出。第二天早上，該信函被布萊恩在辦公室審閱信件時發現了。他對所要求的價格感到欣喜並即刻敲鍵打出回信。
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.
布萊恩的回信由他性感的秘書，娜塔莎，在當天下午5點投遞。當娜塔莎外出時，布萊恩通過電話叫妻子不用等他，因為晚上需要‘加班’，並且還提及他針對她出售Hilltown 房產的出價已給予書面回復，但沒再說其他。
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.
與布萊恩通話後，芭芭拉接到處理某情況的臨時指示，因此也決定加班。晚上11點在回家的路上，她覺得布萊恩可能還在辦公室，因此她不宣而至；果然布萊恩還在辦公室，不過他不是在工作，而是與性感女秘書正在親熱。
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.
在隨後的激烈爭吵中，芭芭拉宣布：“如果妳要Hilltown的房產，就給壹百萬吧，其他約定都取消了。”
雖然所發生的事故對芭芭拉造成極度創傷，但是隔天早晨她照樣上班。十點半她收到布萊恩昨天寄出的回信，她沒打開就扔進垃圾桶。
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.
芭芭拉不想將房產賣給布萊恩，向妳咨詢她倆之間是否存在有約束力的契約。
（i）Advise Barbara. 6 marks
向芭芭拉提供妳的意見。 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
如果芭芭拉的信裏加入下面這壹段，妳在（i）裏的意見會改變嗎？
“本提議及任何我倆達成的協議必須基於我律師所草擬的正式合同。” 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日發出的信裏加入下面這壹段，妳在（i）裏的意見會改變嗎？
“我需要妳接納本提議的口頭確認，其他壹概無效。”