Charley the chimney sweep signs a contract with Marry Poppins under which, he will clear her chimney every time it gets clogged for the next five years and Mary will pay Charlie $10,000 per year. On October 5th, Mary's Chimney was clogged. She waited for Charley to show up, but he did not show up.Because it was clogged when she used the fireplace the house caught fire and did $20000 worth of damage to the house.Even though Mary did not call Charley to tell him the chimney was clogged, Mary has sued Charley for the damages, claiming that he breached the contract to unclog her chimney, because he did not show up, and that was the reason for the fire.Who will win and why?