I BADLY NEEDED YOUR REACTION REGARDING THIS MATTER. PLEASE ANSWER MY QUESTIONS THANK YOU :]
Mr. A offered for a sale a Honda Civic (bloody red 2010 model) with plate no. 123-ABC. In favor of Mr. B for 1.1 million. It was also innate clear by the seller that Mr. B has five (5) days within which to express his access in relation to the offer. On the fifth(5)day deadline set by the seller or exactly by 11:59 pm the buyer tried to communicate with the seller via mobile call, email and fax, By 1:01 am (sixth 6 day) and while buyer was yet to signify his confirmation and acceptance of Mr. A, Mr. A personally went to his place and there declared that the civic had already been bought by C, on 3 days earlier.
1. If you were the buyer Mr B, what could be your best and viable remedy base on the circumstance ?
2. If you were the seller Me. A, what could be your best and viable counter argument to the position of the buyers ?
3. Whose position is legally correct ? buyer or seller ? why ?
4. whose position is rescission available ? buyer or seller ? why ?
5. would your answers be the same in #1,2,3 if instead the vehicle being sold to b was dispose to another person, the preempted sale is the fact of loss of the subject through fortuitous event ?