Black v. Dexter's Autohaus

Black v. Dexter's Autohaus

The contract and all fundamental terms were concluded on July 14, 2005 and title to the Audi passed to the plaintiff before the plaintiff unilaterally inserted the handwritten inspection condition on July 15; the dealership never agreed to incorporate that condition into the contract, so it did not form part of the contract and the buyer bore the risk of loss at the time of the accident, entitling the court to dismiss the plaintiff's rescission claim.

Citation
2008 NSSC 274
Parties
Plaintiff (defendant by Counterclaim): Terry B. Black; First Defendant (plaintiff by Counterclaim): 2168826 Nova Scotia Limited, carrying on business as Dexter’s Autohaus, Dexter’s Audi, and Dexter’s Subaru; Second Defendant: Don Burke
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 September 2008
Procedural Posture
Contract Sale of Goods / Trial Judgment
Outcome
Plaintiff's claim dismissed; Defendant awarded costs
Legal Topics
Condition Precedent, Transfer of Property, Risk Allocation, Formation, Battle of the Forms, Remedies, Costs
Source Language
English
Contract Law Sale of Goods Bailment Condition Precedent Transfer of Property Risk Allocation Formation Battle of the Forms +2 more

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Parties

Terry B. Black

Plaintiff (defendant by Counterclaim)

2168826 Nova Scotia Limited, carrying on business as Dexter’s Autohaus, Dexter’s Audi, and Dexter’s Subaru

First Defendant (plaintiff by Counterclaim)

Don Burke

Second Defendant

Procedural Posture

Contract Sale of Goods / Trial Judgment

Legal Issues

  1. 1 Whether the handwritten condition for a satisfactory inspection formed part of the contract
  2. 2 Whether property (title) in the vehicle had passed to the buyer before the insertion of the condition
  3. 3 Whether risk and liability for loss rested with the buyer or the seller at the time of the accident

Ratio Decidendi

The contract and all fundamental terms were concluded on July 14, 2005 and title to the Audi passed to the plaintiff before the plaintiff unilaterally inserted the handwritten inspection condition on July 15; the dealership never agreed to incorporate that condition into the contract, so it did not form part of the contract and the buyer bore the risk of loss at the time of the accident, entitling the court to dismiss the plaintiff's rescission claim.

Court Disposition

Plaintiff's claim dismissed; Defendant awarded costs

Orders

  • Plaintiff's claim is dismissed.
  • Defendant shall have costs and disbursements based on Tariff A Scale 2 (basic) for the two day trial.