David had been negotiating with Ian about selling him a valuable antique. On 1 March 2014 David promised to give Ian some time to think about the terms of the agreement.

On 10 June 2014 Sam made David a very attractive offer for the antique. Sam was anxious to close the deal quickly and he insisted on a memorandum of sale being prepared outlining the terms of the agreement. David agreed.

However, David stated that before he signed any agreement for the sale of the antique this sale was to be made subject to a condition that he first obtain legal advice concerning any contractual obligations he might have to Ian. This clause was not included in the memorandum which was signed by both parties. Sam now wishes to finalize the sale and insists the antique is his.


Discuss the likely outcome in this dispute giving reasons.


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