$9.$ X and Y entered into verbal agreement in terms of which Y would construct a pre$-$cast wall $($durawall$)$ for X in return for X paying a certain amount of money. The parties agreed that the construction work be completed within a $6$ months period. Over a period of $4$ months, X had made payments to Y using various forms and this amounted to $85\%$ of the agreed contract price. It was a term of the contract that Y would use the amounts to purchase building materials and pay for labour. Y had used poor quality material in the construction contract such that the wall would collapse before the side under construction was completed. The cement$-$to$-$sand ratio used in the manufacturing of the panels was so weak that the panels would not bear their own weight upon being fitted into the frame. X approaches you for legal advice as whether there was $($a$)$ a contract between the parties given that their agreement was verbal? If so$,($b$)$ whether there were any remedies available to him and the basis for such remedies?