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Tom is the managing partner at one of Brisbane's most well-regarded law firms. He is in the process of selling his apartment which he has

Tom is the managing partner at one of Brisbane's most well-regarded law firms. He is in the process of selling his apartment which he has listed on the market with the following description: "Need to sell fast! All offers above $2.5 million will be considered."

Tom receives 10 offers for his property. After some negotiations, Stacey makes a final offer of $2.95 million and Tom accepts the offer. In order for the sale to be completed, Stacey requires that a number of conditions be met, including completion of a satisfactory building and pest inspection.

Stacey's solicitors then send Tom a letter confirming that a building and pest inspection has been completed. However, the letter states that the report was not satisfactory as there were some minor building defects which needed to be fixed by Tom before Stacey will confirm that she is satisfied and will proceed with buying the property.

Tom instructs David (a property solicitor) to provide him with advice in relation to this matter. After reading through the letter (that had already been sent to Tom), David advises Tom that he has up to 28 days to reply to the buyer, from the date that he receives the letter from the buyer about the building and pest inspection. David further states that if no reply is sent to the buyer within that time, the contract will automatically be terminated.

Relying on David's advice, Tom replies to Stacey's solicitors 21 days after receiving their letter, stating that he has fixed the minor defects that Stacey wanted fixed following the building and pest inspection.

The following day, Tom receives a letter from Stacey's solicitors stating that the contract is terminated because Tom's response was not sent within 14 days as required by legislation and as stated in the initial letter that they sent to Tom, which had also been read by David.

Tom then learns that David supplied him with outdated property law information that he had previously provided to a former client, and that the current legislation requires that a seller reply within 14 days of receipt of the buyer's correspondence (not 28 days as David had stated).

Tom has no choice but to put his house back on the market and, due to a decline in the property market, sells the property 6 months later for $2.5 million. Tom has also been under significant job pressure and, combined with the lost sale of his home, is diagnosed with "major depressive disorder" soon after his house contract with Stacey is terminated. Tom is treated by a psychiatrist for 5 months and is prescribed medication for his illness. Due to Tom's disorder, he is also unable to travel overseas during that time with his family and has had to forego the airfares and pre-paid accommodation, totaling $15,100.

Advise Tom as to whether he has any course of action against David under Tort Law.

Please use the ILAC method to answer this question.

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