Rivet v. La Corporation du Village de St-Joseph

Rivet v. La Corporation du Village de St-Joseph

Majority: The appellant failed to prove absolute impossibility; the quicksand condition was foreseeable and common in such works and the contractor aggravated the situation by inadequate shoring, abandoning trenches and lacking continuous teams and equipment; the contract empowered the contractor to take initiative on measures such as foundations or pilings absent a formal engineer prohibition; accordingly performance was not impossible as a matter of law and the municipality was entitled to complete the works and recoup costs; appeal dismissed.

Citation
[1932] SCR 1
Parties
Appellant / Plaintiff: Joseph Rivet; Respondent / Defendant: La Corporation Du Village De St-Joseph
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1931
Procedural Posture
Contract (municipal Works) / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King’s Bench affirmed; Cannon J. dissenting
Legal Topics
Impossibility of Performance, Force Majeure / Cas Fortuit, Public Order, Specifications and Supervision by Engineer, Termination / Rescission of Contract, Liability for Defective Materials
Source Language
English
Contract Law Municipal Law Civil Law (quebec Civil Code) Construction Law Impossibility of Performance Force Majeure / Cas Fortuit Public Order Specifications and Supervision by Engineer +2 more

Case Brief

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Parties

Joseph Rivet

Appellant / Plaintiff

La Corporation Du Village De St-Joseph

Respondent / Defendant

Procedural Posture

Contract (municipal Works) / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether encountering quicksand and related trenching problems made performance of the contract absolutely impossible such that obligation is extinguished under Arts.1200/1202 C.C.
  2. 2 Whether supervision by the municipal engineer and his failure to give written instructions relieved the contractor of performance obligations
  3. 3 Whether municipal alteration of specifications (substituting short clay/greystone pipes) without required provincial approval rendered the contract contrary to public order and void

Ratio Decidendi

Majority: The appellant failed to prove absolute impossibility; the quicksand condition was foreseeable and common in such works and the contractor aggravated the situation by inadequate shoring, abandoning trenches and lacking continuous teams and equipment; the contract empowered the contractor to take initiative on measures such as foundations or pilings absent a formal engineer prohibition; accordingly performance was not impossible as a matter of law and the municipality was entitled to complete the works and recoup costs; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King’s Bench affirmed; Cannon J. dissenting

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King’s Bench, Appeal Side, Province of Quebec, affirmed