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Tom is a builder who enters into a contract with Emma to renovate her home. This means that Emma has to rent a unit for the time that Tom is working in her home. Because Tom took four more weeks than the contracted time to complete the job, Emma had to pay four weeks additional rent on the unit. For two of those extra 4 weeks the local council was undertaking noisy road works each night very near Emma's rented unit. And she gets very little sleep and suffers constant headaches due to her rare sleep disorder that requires total silence.

Emma seeks your advice as she wishes to sue Tom for damages for both the four weeks extra rent she has to pay as well as the distress and discomfort she experienced for the two weekend when she could not sleep.