Lang v. Knickle

Lang v. Knickle

The court found the defendants made untrue, misleading and negligent representations and breached express warranties about water quantity; the plaintiff reasonably relied and suffered recoverable damages; accordingly judgment for plaintiff for damages totalling $46,393.49 was entered.

Citation
2006 NSSC 177
Parties
Plaintiff: Christopher Gerard Lang; Defendant: Gary D. Knickle; Defendant: Lauren R. Marsh-Knickle
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 July 2006
Procedural Posture
Civil — Contract and Tort (negligent Misrepresentation, Breach of Warranty) / Trial Judgment (supreme Court of Nova Scotia)
Outcome
Judgment for plaintiff; defendants liable for negligent misrepresentation and breach of warranty
Legal Topics
Property Condition Disclosure Statement, Water Supply Warranties, Reliance and Caveat Emptor, Damages — Special and General, Hydrofracting and Well Yield Issues
Source Language
English
Contract Law Tort — Negligent Misrepresentation Real Property Remedies — Damages Property Condition Disclosure Statement Water Supply Warranties Reliance and Caveat Emptor Damages — Special and General +1 more

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Parties

Christopher Gerard Lang

Plaintiff

Gary D. Knickle

Defendant

Lauren R. Marsh-Knickle

Defendant

Procedural Posture

Civil — Contract and Tort (negligent Misrepresentation, Breach of Warranty) / Trial Judgment (supreme Court of Nova Scotia)

Legal Issues

  1. 1 Whether defendants breached express warranties in the Agreement of Purchase and Sale regarding sufficient well water supply
  2. 2 Whether defendants made negligent misrepresentations regarding water quantity
  3. 3 Whether defendants breached warranty that specified chattels were in good working order

Ratio Decidendi

The court found the defendants made untrue, misleading and negligent representations and breached express warranties about water quantity; the plaintiff reasonably relied and suffered recoverable damages; accordingly judgment for plaintiff for damages totalling $46,393.49 was entered.

Court Disposition

Judgment for plaintiff; defendants liable for negligent misrepresentation and breach of warranty

Orders

  • Plaintiff awarded total damages of $46,393.49
  • General damages awarded $20,000.00