CAPE Law Unit 2 · 2008 · Paper 2 · Question 6

Sam hires Derrick to construct a chicken coop for 750 birds. Before completion, Derrick leaves the country upon receiving Canadian permanent residency, leaving behind a structure holding only 600 birds. Sam finishes the structure using Derrick's left-over materials but refuses payment on grounds of incomplete performance.

With reference to decided cases, advise Derrick whether he can succeed in an action against Sam to recover payment for the work done, stating reasons.