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On 2 June Mark made John a very attractive offer for the antique. Mark was anxious to close the deal quickly and insisted on having his agent draw up a memorandum of sale outlining the terms of the contract. John agreed. However, he stated that any agreement was made subject to a condition that he first obtain legal advice concerning any contractual obligations he might have to Monica. Mark wishes to finalize the sale and insists that the antique is his.
a) Discuss the likely outcome giving reasons.
b) Explain in detail if your answer would be different if John’s statement concerning obtaining legal advice was not included in the memorandum of sale. Monica insisted that the antique is hers.
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