Christmas because his family is visiting from overseas

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Reference no: EM133936067

Question

Gerry is contracted to paint a house for a client; the client wants the house painted by Christmas because his family is visiting from overseas. Gerry starts the job but slips on a paint lid and injures his hand. Gerry was originally painting the house with one of his workers. Gerry informs the client that he cannot complete the house by Christmas due to his injury. The client asks why the worker cannot work overtime, or why Gerry cannot employ someone else so that the job can be finished on time. Gerry informs the householder that it is too expensive to pay overtime or even to pay an extra worker. Gerry states that the job will either be finished late or that he will have to withdraw from the contract.

The client is obviously disappointed and does not understand why the painting job cannot be finished, even if it costs more for Gerry - after all, a contract is a contract.

What are Gerry's rights to end the contract?

Can the client force Gerry to finish the contract or even have Gerry pay damages for his breach of contract?

Support your answer with reference to one (1) court case.

Reference no: EM133936067

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