Kevin wished to extend his corner shop and therefore made a contract with Wayne, a builder, to carry out the work. The cost of the work was to be 15,000 and it was to take 4 weeks. Within the contract was a clause: "It is a condition of this contract that all of the work is carried out with correct skill and care and that the shop can carry out its normal business throughout the period of the work". One week after the work was begun Kevin found that other local builders would have charged 10,000 for the same job. On the same day, Mick, a labourer employed by Wayne, carelessly fractured a gas pipe, causing the shop to be closed for 2 days. Kevin informed Wayne that he regarded the contract as cancelled, but Wayne stated that he wished to complete the work.

Advise Wayne as his lawyer?