Warlord Games Ltd. UK v. Gavel

Warlord Games Ltd. UK v. Gavel

Adjudicator accepted the defendant's account as more probable under the Faryna credibility framework, found the claimant's agent likely represented he would repurchase or accept return of unsold inventory, but held the defendant liable to pay for goods that were in fact sold: wholesale cost $216.00 plus $57.60 received for discounted sales, resulting in judgment for the claimant of $273.60.

Citation
2017 NSSM 65
Parties
Claimant: Warlord Games Ltd. UK; Defendant: Brad Gavel
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 August 2017
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Judgment for the claimant in the amount of $273.60; no costs awarded to either party.
Legal Topics
Misrepresentation, Agency, Credibility Assessment, Damages Calculation
Source Language
English
Contract Sales Evidence Misrepresentation Agency Credibility Assessment Damages Calculation

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Parties

Warlord Games Ltd. UK

Claimant

Brad Gavel

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Whether the defendant is liable to pay for goods supplied given the alleged representation by the claimant's agent to repurchase unsold inventory
  2. 2 Which witness evidence is credible
  3. 3 Proper measure of damages/amount owing to the claimant

Ratio Decidendi

Adjudicator accepted the defendant's account as more probable under the Faryna credibility framework, found the claimant's agent likely represented he would repurchase or accept return of unsold inventory, but held the defendant liable to pay for goods that were in fact sold: wholesale cost $216.00 plus $57.60 received for discounted sales, resulting in judgment for the claimant of $273.60.

Court Disposition

Judgment for the claimant in the amount of $273.60; no costs awarded to either party.

Orders

  • Judgment entered for the claimant in the amount of $273.60
  • No costs awarded to either party