Naz recently decided to sell his BMW car and on Monday he placed an advert in the magazine Bruddersfield Car Trader:

“2013 BMW 320d for sale. Mint condition. £11,500 or nearest offer. Tel: 2009 007007.”

Vicky telephoned Naz and offered him £10,500 for the car, but Naz replied “No. But I will accept £11,000. Let me know by Friday.” Vicky stated that she would have to think this over since this was more than she wanted to pay. She left her telephone number and address in case Naz wanted to contact her. On Wednesday, Vicky telephoned Naz and left a message on his answering machine as follows:

“I will pay the £11,000 asked by you.”

Unfortunately on Wednesday Naz’s sister accidentally erased the message on the answering machine. On Thursday, Naz wrote to Vicky stating that as he had not heard from her he had sold the car to someone else.

Advise Vicky whether or not she has a valid contract with Naz, using cases to illustrate your answer.

Question 2 (25 Marks)
Explain the test for determining the status of an employee.
Question 3 (25 Marks)
By reference to cases explain how the common law incorporates an exclusion clause into a contract.

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