Question
On Monday, Andy, a gallery owner, placed an advertisement in a weekly painting magazine offering to sell a Mona Lisa duplicate painting for $500,000, and
On Monday, Andy, a gallery owner, placed an advertisement in a weekly painting magazine offering to sell a Mona Lisa duplicate painting for $500,000, and will accept cheque transaction. Mrs. Wong saw the advertisement on Tuesday and immediately posted a letter to Andy saying that she would be willing to pay $400,000 cash and giving her work email address. On Wednesday morning, Andy replied by email: "Cheque preferred for advertised amount. Yours for that unless I hear from you to the contrary". On receipt of the email, Mrs. Wong posted a cheque for $500,000. However, at 7pm on Wednesday evening Andy decided not to sell the painting to Mrs. Wong and sent an email to her to inform her so. The following Thursday and Friday were public holidays and Mrs. Wong did not see the email until the following Monday when she returned to work. Mrs. Wong's letter arrived at Andy's address on Thursday but was not opened by him until Friday morning. On Thursday, Andy sold the painting to Dan for $400,000 in cash. Mrs. Wong now claims that Andy is in breach of contract.
Required: Discuss if there is a legally enforceable contract between Andy and Mrs. Wong and if there is a contract, has Andy breached the contract?
Ken went to the supermarket to buy a bottle of beer. He drank the bottle of beer and as he was finishing it, he found a dead spider inside the bottle of beer. He was extremely disgusted. As a result, he fell very sick from drinking the beer with a dead spider inside. He was hospitalized eventually with a bad case of food poisoning. He recovered a week later and was discharged after being administered numerous courses of medications and antibiotics. He was furious and came to you for advice as he intends to bring a legal action against the manufacturer of the beer.
Required: Advise him as to what course of action is available to him under the tort of negligence and the remedies he can seek (if any).
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