Maloney v. Hoyeck

Maloney v. Hoyeck

The Consumer Protection Act's implied warranties apply to this consumer vehicle sale and prevail over any contrary contractual term on the sale form; the vehicle was not of merchantable quality or durable for a reasonable period and the seller is therefore liable for the claimant's losses, resulting in judgment for the claimant for the calculated amounts.

Citation
2012 NSSM 32
Parties
Claimant: Michael P. Maloney; Defendant: Elie Hoyeck; Defendant: Your Mechanic Auto Corner
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant for $7113.60
Legal Topics
Implied Warranties, Consumer Protection Act, Merchantable Quality, Sale of Vehicle Not Safety Approved, Remedies and Damages
Source Language
English
Consumer Law Contract Law Sale of Goods Small Claims Procedure Motor Vehicle Law Implied Warranties Consumer Protection Act Merchantable Quality +2 more

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Parties

Michael P. Maloney

Claimant

Elie Hoyeck

Defendant

Your Mechanic Auto Corner

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether seller breached implied warranties in a consumer sale under the Consumer Protection Act
  2. 2 Whether a signed form stating the vehicle was sold 'not safety approved' absolved the seller of liability for repairs
  3. 3 Appropriate remedy and calculation of damages/interest/costs

Ratio Decidendi

The Consumer Protection Act's implied warranties apply to this consumer vehicle sale and prevail over any contrary contractual term on the sale form; the vehicle was not of merchantable quality or durable for a reasonable period and the seller is therefore liable for the claimant's losses, resulting in judgment for the claimant for the calculated amounts.

Court Disposition

Judgment for claimant for $7113.60

Orders

  • Defendant pay claimant $6,320.31 (debt for vehicle, inspections, and faulty turbo actuator)
  • Defendant pay claimant $541.69 (court costs and service costs)