Question
Mr Mole, the owner of the Riverside Hotel, engaged a decorator, Mr Toad, to replace the wallpaper in the hotel's large dining-room. He agreed to
Mr Mole, the owner of the Riverside Hotel, engaged a decorator, Mr Toad, to replace the wallpaper in the hotel's large dining-room. He agreed to pay Mr Toad 2,500 in advance for the work plus 3,500 to cover the cost of the top quality wallpaper specified by Mr Mole. In return, Mr Toad guaranteed to complete the work within two weeks by the end of March, allowing Mr Mole to arrange for a new dining-room carpet and new curtains to be delivered to the hotel at the beginning of April.
Mr Toad decided to use similar looking wallpaper, made by a different manufacturer, which was considerably cheaper. The cheaper wallpaper took longer than expected to put up and the work was not completed on time. Mr Mole, who was suspicious about the wallpaper, made his own inquiries and discovered that the wallpaper used had cost only 1,500 rather than 3,500. The cheap wallpaper looked terrible and he intends to have the work done again by another contractor at a total cost of 6,000.
As a result of Mr Toad's failure to complete the work on time, the new carpet and curtains had to be stored temporarily in the hotel's basement. A torrential downpour two nights later caused the river, near which the hotel is situated, to burst its banks. As a result, the hotel's basement was flooded and the new carpet, which cost 5,000, and the new curtains, which cost 3,000, were completely ruined.
Mr Mole seeks your advice on whether he can recover damages from Mr Toad for (a) the poor wallpapering job (b) the loss of the carpet and curtains (c) the stress and aggravation caused by the breach.
What advice would you give Mr Mole?
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