Business Law: Rules of Contract and the Elements of Tort

Business Law: Rules of Contract and the Elements of Tort

Art wanted to sell his electric guitar, so he put the following advertisement on the University notice – board:

Offered for sale – Fender Stratocaster electric guitar – 6 strings – metallic red and white – absolutely fabulous sound - £500 case sale. I will return some of the money if the buyer doesn’t get a gig with the instrument next semester.

Later, he met his friend Brian and told him about the guitar, saying he would reduce the price for quick sale, but did not say by how much. Brian said he would think about it. Later, Brian left a message for Art saying he would pay £475: Art returned the call accepting his offer, but Brian’s answer machine was broken and he did not receive the message.
The next day, Connie saw the advertisement and called Art saying she would pay the whole price so long as she could borrow the money from her boyfriend by the end of the week. Art was not sure if he could accept this offer.
Diane, having seen the advertisement, went to Art’s room but because he was not in, left a cheque and a letter saying, “Here is my cheque for £500. If I hear nothing from you, I shall assume the guitar is mine.” Because Art had a problem with his bank, he wanted cash. So he destroyed the cheque.
Eva met Art in the coffee shop and reminded him that she had sung for him the year before, without being paid and saving Art more than £500 in fees. So she thought that Art should give her the guitar. Art disagreed.
Finally, Art ran into Fred in the Union Bar and over a drink they agreed a price and Art gave him the guitar.

TASK:
Fully explain  how the rules of contract apply to each of the events described above. Make sure that you cover all of the legal issues mentioned and include relevant legal authorities.
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Explain how the milestone case of Donoghue vs. Stevenson 1936 incorporated the main elements of tort, including Duty of Care, Breach, Injury Loss or Damage and Chain of Causation.

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