Question
Sarah advertises her collection of rear legal textbooks for sale at £2000. She receives a letter Bookshop a firm of antiquarian booksellers. The letter which is signed by the owner of the firm, Mr Bookshop states that Bookshop would be interested in buying Sarah's books. Sarah mentions the letter to a fellow collector, Louise who says she has dealt with Bookshop and found them to be a very good firm would pay a good price for the books. Reassured by this advice 3 months later Sarah writes to Mr Bookshop asking him to visit with a view to buying the books. Sadly by this time Bookshop has moved their offices and the letter is opened by a new occupant Mr Hays. Mr Hay’s visits Sarah pretending to be Mr Bookshop using a false Identification left behind by Mr Bookshop. Mr Hay’s offers to buy the books for the asking price and presents a cheque book also left behind by Mr Bookshop. Sarah accepts the cheque and allows Mr Hay’s to take the books away. The bank refuses payment on the cheque. In the meantime Mr Hay’s sells the books to Blackstone for £500 and Mr Hay’s is no where to be found. Advise Sarah.
Sarah advertises her collection of rear legal textbooks for sale at £2000. She receives a letter Bookshop a firm of antiquarian booksellers. The letter which is signed by the owner of the firm, Mr Bookshop states that Bookshop would be interested in buying Sarah's books. Sarah mentions the letter to a fellow collector, Louise who says she has dealt with Bookshop and found them to be a very good firm would pay a good price for the books. Reassured by this advice 3 months later Sarah writes to Mr Bookshop asking him to visit with a view to buying the books. Sadly by this time Bookshop has moved their offices and the letter is opened by a new occupant Mr Hays. Mr Hay’s visits Sarah pretending to be Mr Bookshop using a false Identification left behind by Mr Bookshop. Mr Hay’s offers to buy the books for the asking price and presents a cheque book also left behind by Mr Bookshop. Sarah accepts the cheque and allows Mr Hay’s to take the books away. The bank refuses payment on the cheque. In the meantime Mr Hay’s sells the books to Blackstone for £500 and Mr Hay’s is no where to be found. Advise Sarah.
Answer
I assume you are the UK so the rules may be different. In the US, this would not be a contract dispute, it would be a criminal case and should be referred to the police or the local prosecutors. Mr. Hay impersonated another person to pass a bad check and he concealed his identity for purposes of committing fraud. From what you said, there does not appear to be a valid contract, unless one was signed prior to his presenting the check.
I assume you are the UK so the rules may be different. In the US, this would not be a contract dispute, it would be a criminal case and should be referred to the police or the local prosecutors. Mr. Hay impersonated another person to pass a bad check and he concealed his identity for purposes of committing fraud. From what you said, there does not appear to be a valid contract, unless one was signed prior to his presenting the check.
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