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Bethany O'Chee is a property developer who owns a rugby league sports stadium in Brisbane. On 1 January 2016, she enters into a contract with

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Bethany O'Chee is a property developer who owns a rugby league sports stadium in Brisbane. On 1 January 2016, she enters into a contract with the Brisbane City Council to add 15 metres to the height of the stadium wall by 5 November 2016. If the wall addition is completed by that time, the council will rent the stadium from her for a substantial monthly payment for the next 5 years. Whitey Smith is a qualied architect and structural engineer, who owns a construction business. Bethany tells Whitey about her contract with the council and asks Whitey if the steel pylons that currently exist in the stadium walls are strong enough to support the extra weight of the wall additions. Whitey replies that based on his expert assessment that the steel pylons will be able to withstand the additions. They then enter into a contract for Whitey to perform and complete this work by 5 November 2016. The following occurs: 0 The weight of the wall additions is too much for the existing steel pylons and they break under the pressure. Whitey says that he honestly believed that the pylons were strong enough to support the additions. However, it is discovered that his calculations on the strength of the pylons were wrong; . In August 2016, Whitey went to Bethany and demanded that she agree to an 50% increase in the amount of fees he was entitled to under their contract and that if she did not, he would refuse to do any more work which would delay completion of the additions until 1 January 2017. Bethany feels that she has no choice other than to sign a new contract agreeing to the 50% fee increase. Advise Bethany if she can terminate the contract with Whitey and/or obtain damages from him under contract law or not

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