Park v. Arsenault

Park v. Arsenault

The purported contract was void for uncertainty as to scope, price and time; therefore the court applied quantum meruit and assessed the reasonable value of materials and services at $2,622.85, deducted from deposits of $5,400.00, resulting in a required refund of $2,777.15 plus costs of $91.47, yielding a judgment for the Claimant of $2,868.62.

Citation
2011 NSSM 44
Parties
Claimant: Robin J. Park; Defendant: Alan J. Arsenault
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 June 2011
Procedural Posture
Small Claims Court / Decision Rendered
Outcome
Judgment for Claimant
Legal Topics
Unenforceable Contract for Vagueness, Quantum Meruit, Restitution, Calculation of Damages and Costs
Source Language
English
Contract Law Equitable Remedies Property and Consumer Services Unenforceable Contract for Vagueness Quantum Meruit Restitution Calculation of Damages and Costs

Case Brief

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Parties

Robin J. Park

Claimant

Alan J. Arsenault

Defendant

Procedural Posture

Small Claims Court / Decision Rendered

Legal Issues

  1. 1 Whether there was an enforceable contract given vagueness as to scope, price and time
  2. 2 Whether quantum meruit applies to permit recovery for services and materials rendered
  3. 3 What is the reasonable value of the work and materials provided

Ratio Decidendi

The purported contract was void for uncertainty as to scope, price and time; therefore the court applied quantum meruit and assessed the reasonable value of materials and services at $2,622.85, deducted from deposits of $5,400.00, resulting in a required refund of $2,777.15 plus costs of $91.47, yielding a judgment for the Claimant of $2,868.62.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay Claimant $2,868.62 comprising a refund of $2,777.15 and costs of $91.47
  • No enforcement of a contract for breach because the contract was unenforceable for vagueness