Huckle v. Spencer

Huckle v. Spencer

Defendants breached their contractual and tortious duty by tattooing a misspelled permanent inscription; the Claimant was not contributorily negligent given the limited opportunity to inspect, therefore Defendants are jointly and severally liable for reasonable costs to remove the tattoo, incidental expenses, general damages and filing/serving costs.

Citation
2012 NSSM 13
Parties
Claimant: Marie Huckle; Defendant: Adam Spencer; Defendant: Helena Darling (aka Helena Pelletier)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 June 2012
Procedural Posture
Small Claims Court of Nova Scotia / Final Decision (judgment)
Outcome
Judgment for Claimant against both Defendants, jointly and severally, for $8,991.94.
Legal Topics
Negligence, Breach of Contract, Waiver Enforceability, Damages for Remedial Treatment
Source Language
English
Tort Contract Civil Damages Negligence Breach of Contract Waiver Enforceability Damages for Remedial Treatment

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Parties

Marie Huckle

Claimant

Adam Spencer

Defendant

Helena Darling (aka Helena Pelletier)

Defendant

Procedural Posture

Small Claims Court of Nova Scotia / Final Decision (judgment)

Legal Issues

  1. 1 Whether the tattoo artist and employer breached a contractual and tortious duty by producing a misspelled permanent tattoo
  2. 2 Whether the Claimant was contributorily negligent for failing to detect the spelling error
  3. 3 Whether any waiver would bar or limit liability

Ratio Decidendi

Defendants breached their contractual and tortious duty by tattooing a misspelled permanent inscription; the Claimant was not contributorily negligent given the limited opportunity to inspect, therefore Defendants are jointly and severally liable for reasonable costs to remove the tattoo, incidental expenses, general damages and filing/serving costs.

Court Disposition

Judgment for Claimant against both Defendants, jointly and severally, for $8,991.94.

Orders

  • Judgment for the Claimant against both Defendants, jointly and severally, for: $6,000.00 representing 15 further sessions at $400.00 each.
  • $2,300.00 representing 23 instances of having to purchase $100.00 in supplies.