Question
Use IRAC TO SOLVE THE QUESTION AS I AM IN AUSTRALIA, AND PROVIDE RELEVANT CASE LAW. Kiki decided to have an extension built, so she
Use IRAC TO SOLVE THE QUESTION AS I AM IN AUSTRALIA, AND PROVIDE RELEVANT CASE LAW.
Kiki decided to have an extension built, so she called master builder Archie to give her a quote. Because the extension was substantial and would cost $40,000, Kiki decided to have it built in four stages. The building contract between Kiki and Archie provided for four stages of building works, with $10,000 payable to Archie at the completion of each stage. Archie commenced work on stage one in September and completed it in October 2021. When all state borders opened in December, Archie decided to take a year-long break in Queensland and informed Kiki that she would have to find another builder to complete the work if she could not wait for him to return to Victoria. Kiki told Archie to 'get lost' and that he won't be paid, since he breached the contract. She then searched around for another contractor to replace Archie for the same price. Due to the high demand for building contractors post COVID, she ended up having to pay $50,000 for the project to be completed.
Can Archie enforce any payment from Kiki andcan Kiki claim any damages from Archie? Why/Why not?
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