Orange A (Peel) Design Communications Inc. v. Murphy

Orange A (Peel) Design Communications Inc. v. Murphy

The adjudicator found that a binding contract existed between the claimant and Pink Ink by virtue of the January 31 email and the parties' subsequent conduct (commencement of work, use of deliverables and payment of the first invoice); Pink Ink breached by refusing further payment and claimant was entitled to the reasonable value of services (quantum meruit) measured at $80/hour for 38.6 hours, resulting in judgment for $3,028.39 plus costs, and Anna Murphy was not personally liable.

Citation
2011 NSSM 24
Parties
Claimant: Orange A (Peel) Design Communications Inc.; Defendant: Anna Murphy; Defendant: Pink Ink Realty Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 April 2011
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Judgment for claimant against Pink Ink Realty Ltd. in the amount of $3,028.39 plus costs of $227.13; counterclaim dismissed; Anna Murphy held not personally liable.
Legal Topics
Formation of Contract, Acceptance by Conduct, Breach of Contract, Quantum Meruit Valuation, Damages, Counterclaim, Personal Liability of Agent
Source Language
English
Contract Law Commercial Law Agency Law Restitution/quantum Meruit Formation of Contract Acceptance by Conduct Breach of Contract Quantum Meruit Valuation +3 more

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Parties

Orange A (Peel) Design Communications Inc.

Claimant

Anna Murphy

Defendant

Pink Ink Realty Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Whether a binding contract existed between the parties based on an email recap and subsequent conduct
  2. 2 Whether acceptance could be inferred from conduct including payment and use of services
  3. 3 Whether claimant could recover on quantum meruit if no binding contract

Ratio Decidendi

The adjudicator found that a binding contract existed between the claimant and Pink Ink by virtue of the January 31 email and the parties' subsequent conduct (commencement of work, use of deliverables and payment of the first invoice); Pink Ink breached by refusing further payment and claimant was entitled to the reasonable value of services (quantum meruit) measured at $80/hour for 38.6 hours, resulting in judgment for $3,028.39 plus costs, and Anna Murphy was not personally liable.

Court Disposition

Judgment for claimant against Pink Ink Realty Ltd. in the amount of $3,028.39 plus costs of $227.13; counterclaim dismissed; Anna Murphy held not personally liable.

Orders

  • Award judgment to Orange A (Peel) Design Communications Inc. against Pink Ink Realty Ltd. for $3,028.39
  • Award costs to claimant in the amount of $227.13