Livesley v. Horst Co.

Livesley v. Horst Co.

The court held that the right to damages for breach of a contract made and to be performed abroad is substantive and governed by the lex loci contractus; therefore California law applied to measure damages and the judgments awarding damages under California law were affirmed.

Citation
[1924] SCR 605
Parties
Appellants (defendants): T. A. Livesley and others; Respondent (plaintiff): E. Clemens Horst Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 November 1924
Procedural Posture
Contract Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.
Legal Topics
Measure of Damages, Lex Loci Contractus Vs Lex Fori, Sale of Goods Act S.64, Vendor's Lien and Power of Sale
Source Language
English
Conflict of Laws Contract Remedies Measure of Damages Lex Loci Contractus Vs Lex Fori Sale of Goods Act S.64 Vendor's Lien and Power of Sale

Case Brief

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Parties

T. A. Livesley and others

Appellants (defendants)

E. Clemens Horst Company

Respondent (plaintiff)

Procedural Posture

Contract Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the measure of damages for breach of a contract made and to be performed abroad is governed by the lex loci contractus or by the lex fori
  2. 2 Whether the right to recover unliquidated damages is substantive (governed by proper law of the contract) or procedural (governed by forum law)
  3. 3 Applicability of California law (including vendor's lien and power of sale) versus R.S.B.C. Sale of Goods Act s.64

Ratio Decidendi

The court held that the right to damages for breach of a contract made and to be performed abroad is substantive and governed by the lex loci contractus; therefore California law applied to measure damages and the judgments awarding damages under California law were affirmed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia affirmed