Ben hired Frank to do landscaping in his garden. During negotiations, Ben told Frank of the location of a sewerage pipe near the house. Yet, Ben did not tell Frank that he was about to put his house on the market for sale and wanted everything to look perfect. While carrying out the landscaping, Frank damaged the sewerage pipe, which had to be repaired urgently - at a cost of $35,000 to Ben. Unfortunately, the smell of raw sewerage lingered for weeks, and Ben was not able to sell his house.

Ben is furious and wants to know whether he can sue Frank for:

a)the $35,000 repair costs he incurred

b)for the loss of $1m because he was unable to sell his house.

You must refer to case law.