Alena enters into agreement with Saula for the construction of her home at Roma, Pacifica. Alena and Saula agreed that the home is to be constructed within 6 months and payment was to be made progressively. The total sum agreed between the parties for the 3 bedroom house was $100,000.00. Before the construction commenced, Alena paid Saula $20,000.00 to assist with the purchasing of materials. After 3 months into the construction, Saula was making excuses to Alena and the house was only completed with the foundation and structure half way done. Despite several calls by Alena, Saula was not picking up the calls and Alena feared that her home would not be completed in time for her 50th birthday. After about 3 weeks, Alena decided to call another carpenter to complete the house. Alena had to pay another $20,000 extra to Savenaca to complete the work started by Saula. On the fourth month, Saula turned up to the work site and saw Savenaca working on the property. He was not happy and confronted Alena as he had also bought items to complete the work. Saula then demanded that he be paid the sum of $10,000.00 for the building materials that he had purchased and an additional $30,000 as compensation for the anticipated profit.

a) Suppose that Saula has come to you for advice as he wants to sue Alena. Advise Saula on likelihood of success of his civil case with reference to appropriate legal doctrines and case authorities. (10 marks)

b) What could Alena raise in defence to the civil action by Saula? Consider remedies in your answer. (10marks)