Beatty v. Oille

Beatty v. Oille

Where the jury found for the plaintiffs and the breach of contract was only technical with no substantial damage to the defendant, the court will not disturb the verdict merely to award nominal damages to the defendant; absent misdirection or a clear miscarriage, the verdict stands and the appeal is dismissed.

Citation
(1886) 12 SCR 706
Parties
Appellant; Defendant: James H. Beatty; Respondents; Plaintiffs: Lucius S. Oille and Jerome Oille, Executors of the Last Will and Testament of George N. Oille, Deceased
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1886
Procedural Posture
Civil Contract Action (appeal) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; judgment of Court of Appeal for Ontario and Divisional Court affirmed.
Legal Topics
Breach of Contract, Measure of Damages, Nominal Damages, New Trial, Misdirection
Source Language
English
Contract Law Civil Procedure Damages Breach of Contract Measure of Damages Nominal Damages New Trial Misdirection

Case Brief

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Parties

James H. Beatty

Appellant; Defendant

Lucius S. Oille and Jerome Oille, Executors of the Last Will and Testament of George N. Oille, Deceased

Respondents; Plaintiffs

Procedural Posture

Civil Contract Action (appeal) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the work was performed according to the contract and specifications
  2. 2 Whether defendant was entitled to damages for delay and defective workmanship including loss of profits for 1882 season
  3. 3 Whether the jury verdict should be set aside and a new trial ordered for misdirection or to enter nominal damages for defendant

Ratio Decidendi

Where the jury found for the plaintiffs and the breach of contract was only technical with no substantial damage to the defendant, the court will not disturb the verdict merely to award nominal damages to the defendant; absent misdirection or a clear miscarriage, the verdict stands and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of Court of Appeal for Ontario and Divisional Court affirmed.

Orders

  • Appeal dismissed with costs