Moots : Lincoln vs. Azzopardi

Abstract

MR. Azzopardi, a Maltese merchant trading in Malta, offered Mr. Lincoln, a Tunisian merchant, 500 tons of coal for sale ; he also offered to carry the coal from Minorca, Balearic Isles, to Tunis. "Inter alia" in his letter he said : "Any answer must reach me by the 22nd February,1944: I will not consider an answer received after sate date.... I am leaving Malta within a few days and shall not be back before the 15th February, so that you are completely at your ease almost up to that date." Mr. Lincoln accepted the offer and his registered letter of acceptance which was posted on the 4th February arrived at Mr. Azzopardi's office on the 6th. On the 8th Mr. Azzopardi sent an unregistered letter from Tripoli withdrawing his offer to economic and other considerations "saving all contracts which have been already stipulated". On the 20th Mr. Lincoln sold the coal to a third person and on the latter's suit he was condemned £500 damages for non-performance by a Tunisian Court.