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Jack has decided to sell his property, which is a house and decides to advertise it in the local newspaper/magazine at $880,000, giving his telephone
Jack has decided to sell his property, which is a house and decides to advertise it in the local newspaper/magazine at $880,000, giving his telephone number. Clark sees the advertisement and rings Jack and makes an appointment to see the house. Clark likes the house but cannot agree a price with Jack, his highest offer being $860,000, while Jack insists on $866,000. On the following Monday Clark receives a letter from Jack offering him the house for $868,500 and saying that Clark has until noon on Friday to think about it. On Wednesday evening Clark meets his brother Kent in their local. Kent tells him that Jack's son-in-law already bought the house earlier that day for $867,000. Clark goes straight home and writes a letter to Jack, accepting his offer to sell at $868,500. He posts the letter immediately and Jack receives it on Thursday morning, but replies by return saying "You are too late. I have sold the house to my son-in-law." Advise Clark Describe whether jack has breached contract or not, in each element please provide case law. What damages can be asked for if any? Can you file a tort and breach of contract lawsuit at the same time and if so under what tort law could you sue for breach of contract
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