Miles v. Marcus

Miles v. Marcus

Engine malfunction occurred during the one-week warranty and defendants failed to perform repairs; this constituted a fundamental breach and total failure of consideration entitling claimant to rescind the contract and receive a full refund; the individual who gave the warranty is personally liable.

Citation
2009 NSSM 60
Parties
Claimant: Randy Miles; Defendant: Bill Marcus Jr.; Defendant: R.V. WHEEL ESTATE
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 December 2009
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant; rescission and full refund ordered
Legal Topics
Rescission, Breach of Warranty, Failure of Consideration, Personal Liability of Agent
Source Language
English
Contract Law Sale of Goods Warranty Consumer Law Rescission Breach of Warranty Failure of Consideration Personal Liability of Agent

Case Brief

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Parties

Randy Miles

Claimant

Bill Marcus Jr.

Defendant

R.V. WHEEL ESTATE

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the engine failure occurred during the one-week warranty period and therefore constituted a breach of warranty entitling the claimant to rescission and refund
  2. 2 Whether the engine failure was caused by claimant misconduct (hydrolock) which would negate defendant liability
  3. 3 Whether the individual defendant is personally liable for the verbal warranty given at sale

Ratio Decidendi

Engine malfunction occurred during the one-week warranty and defendants failed to perform repairs; this constituted a fundamental breach and total failure of consideration entitling claimant to rescind the contract and receive a full refund; the individual who gave the warranty is personally liable.

Court Disposition

Judgment for Claimant; rescission and full refund ordered

Orders

  • Judgment against both Defendants for $5,000.00 refund to Claimant
  • Award of costs for issuing the claim in the amount of $179.35