1. Hamish, an experienced painting contractor, entered into an agreement with Mr. McPhail to paint the McPhail residence both inside and out for $8,200. Mrs. McPhail selected the colours, and Hamish proceeded with the work. During the time Hamish was painting the interior of the house, Mrs. McPhail constantly complained that he was either painting too slowly and interfering with her house cleaning, or painting too fast and splattering paint on the wood trim. Hamish never responded to her remarks.By the fifth day, Hamish had painted all of the house except the eavestroughs and down-spouts. As he was climbing the ladder to begin painting the eavestroughs, Mrs. McPhail appeared and warned him not to drop paint on her prize azaleas.At that point, Hamish turned and, without a word, climbed down from the ladder and left the premises.The next day, he presented his account for $8,200 to Mr. McPhail. When Mr. McPhail refused to make payment, Hamish instituted legal proceedings to collect the amount owing.
2. How might Hamish's abrupt departure from the McPhail residence be characterized as a matter of law? (2 marks)

1. Is it likely that Hamish is entitled to $8200?Explain. (4 marks)