Sawler v. Barrett

Sawler v. Barrett

The adjudicator found the seller knowingly misrepresented the ATV as well maintained and failed to disclose a known cracked clutch; the misrepresentation induced the sale and the appropriate measure of damages is the cost to put the ATV in the condition represented, assessed at $3,000 plus costs.

Citation
2010 NSSM 32
Parties
Claimant: Susan Sawler; Defendant: Adam Barrett
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 April 2010
Procedural Posture
Small Claims Court / Decision (adjudicator)
Outcome
Claim allowed in part; judgment for claimant.
Legal Topics
Misrepresentation, Implied Warranty of Fitness, Caveat Emptor, Measure of Damages, Repair Costs
Source Language
English
Sale of Goods Act Contract Law Consumer Protection Tort — Misrepresentation Misrepresentation Implied Warranty of Fitness Caveat Emptor Measure of Damages +1 more

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Parties

Susan Sawler

Claimant

Adam Barrett

Defendant

Procedural Posture

Small Claims Court / Decision (adjudicator)

Legal Issues

  1. 1 Whether the seller made actionable misrepresentations inducing the purchase
  2. 2 Whether an implied warranty of fitness attached to the sale of second‑hand goods
  3. 3 Whether the buyer caused the damage by improper use

Ratio Decidendi

The adjudicator found the seller knowingly misrepresented the ATV as well maintained and failed to disclose a known cracked clutch; the misrepresentation induced the sale and the appropriate measure of damages is the cost to put the ATV in the condition represented, assessed at $3,000 plus costs.

Court Disposition

Claim allowed in part; judgment for claimant.

Orders

  • Defendant to pay claimant damages of $3,000.00
  • Defendant to pay claimant costs of $180.00