Hearn v. Hirsch Precision Inc.

Hearn v. Hirsch Precision Inc.

Defendant, by its words and conduct, represented it had authority to settle and entered into a binding settlement accepted by the Claimant; the subsequent withdrawal did not rescind the agreement; therefore Defendant breached the warranty of authority and is liable for the agreed settlement amount of $760 plus costs...

Source-derived case information.

Citation
2016 NSSM 64
Parties
Claimant: Justin Hearn; Defendant: Hirsch Precision Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 September 2016
Procedural Posture
Small Claims Court Contract (warranty) / Decision (final)
Outcome
Judgment for Claimant: $760 damages and $500 costs; counterclaim dismissed; order to issue.
Legal Topics
Warranty of Authority, Settlement Agreement Enforcement, Breach of Manufacturer Warranty, Rescission, Damages and Costs, Spoliation (destruction of Evidence)
Source Language
english
Contract Law Agency Law Consumer Protection Evidence Warranty of Authority Settlement Agreement Enforcement Breach of Manufacturer Warranty Rescission +2 more

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Parties

Justin Hearn

Claimant

Hirsch Precision Inc.

Defendant

Procedural Posture

Small Claims Court Contract (warranty) / Decision (final)

Legal Issues

  1. 1 Existence and enforceability of settlement agreement
  2. 2 Whether Defendant had authority to bind manufacturer (warranty of authority)
  3. 3 Whether claimant's communications/reservations rescinded the settlement

Ratio Decidendi

Defendant, by its words and conduct, represented it had authority to settle and entered into a binding settlement accepted by the Claimant; the subsequent withdrawal did not rescind the agreement; therefore Defendant breached the warranty of authority and is liable for the agreed settlement amount of $760 plus costs of $500; counterclaim dismissed.

Court Disposition

Judgment for Claimant: $760 damages and $500 costs; counterclaim dismissed; order to issue.

Orders

  • Judgment for Claimant in the amount of $760.00
  • Costs awarded to Claimant in the amount of $500.00