Andrew is the owner of a prestigious apartment in Kowloon Tong. On 1st September 2008, he placed an advertisement in the Hong Kong Daily. “A Three-Bedroom Duplex at Mount Beacon for Rent Ideal Location! Monthly Rent HK$38,000 Non-Negotiable Kindly Call Andrew at 8200 0028” Andrew is planning to move to Beijing and he is very eager to rent his apartment out to a very nice family as soon as possible. He has also contacted his best friend Brian who is the sole proprietor of BTV to produce a TV advertisement for his apartment. Brian expects that the production cost for the TV advertisement is nominal and therefore refuses any payment from Andrew. Cindy read the newspaper advertisement and also watched the TV advertisement on 1st September 2008. As impressed by the apartment, Cindy then called Andrew saying that “the three-bedroom duplex is ideal for my family, but I can only pay HK$35,000 a month”. Andrew immediately replied that he could not accept less than HK$37,000 a month, but promised that he would not rent that apartment out to anyone else before 4th September 2008. In the afternoon of 3rd September 2008, Cindy rang Andrew again, but Andrew was not available. Cindy then left the following voice message: “This is Cindy who talked to you two days ago regarding the rental agreement of your apartment at Mount Beacon. I am very happy to accept your offer to rent the apartment to me for HK$37,000 a month. Please call me back to arrange a convenient time to do the necessary documentation work.” To ensure her acceptance to be received by Andrew before 4th September 2008, Cindy then immediately sent Andrew the same message by fax and SMS. However, unknown to Andrew, his domestic helper accidentally dropped the fax message into the waste bin. In the morning of 4th September 2008, Andrew checked his fax machine, voice message and SMS. He did not find any fax message from Cindy in his fax machine, and when he checked the voice message and SMS, he accidentally erased them. As Andrew found no reply from Cindy, he decided to rent the apartment out to another tenant for HK$38,000 a month in the afternoon of 4th September 2008. After renting out the apartment, Andrew received the phone call from Cindy in the late afternoon of 4th September 2008. Cindy told Andrew that she sent out the acceptance to Andrew’s offer by fax and SMS immediately after leaving the voice message in the afternoon of 3rd September 2008. Andrew replied that he did not receive any fax, SMS or voice message from Cindy up to the morning of 4th September 2008 and he had just signed the tenancy agreement with another tenant. Andrew is very satisfied with the new tenant of his apartment. When he knows that the actual production cost of the TV advertisement is quite high, he promises to pay Brian HK$19,000. However, Andrew later changes his mind and refuses to pay HK$19,000 to Brian when he knows that Cindy will sue him. With reference to the relevant legal principles and case law, advise Brian and Cindy if they have any legal claims against Andrew.