Treasured Memories In Home Nursing Care Limited v. I.M.P. Group Limited

Treasured Memories In Home Nursing Care Limited v. I.M.P. Group Limited

Claim dismissed because the claimant failed to prove, on the balance of probabilities, that it made known to the seller the specific continuous heavy use for which the lift was required such that an implied condition of fitness would arise; evidence established excessive use as the likely cause of failures and therefore no breach of implied warranty by the seller.

Citation
2019 NSSM 43
Parties
Claimant: Treasured Memories In Home Nursing Care Limited; Defendant: I.M.P. Group Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 August 2019
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed. Defendant awarded $1,057.45 on counterclaim. No costs awarded to either party.
Legal Topics
Implied Warranty, Fitness for Purpose, Merchantable Quality, Service Counterclaim
Source Language
English
Consumer Protection Sale of Goods Contract Law Implied Warranty Fitness for Purpose Merchantable Quality Service Counterclaim

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Parties

Treasured Memories In Home Nursing Care Limited

Claimant

I.M.P. Group Limited

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the sale was a consumer sale under the Consumer Protection Act
  2. 2 Whether an implied condition of fitness for purpose was triggered by the claimant making known the particular purpose
  3. 3 Whether defects alleged resulted from seller's breach or from excessive/misuse by the buyer

Ratio Decidendi

Claim dismissed because the claimant failed to prove, on the balance of probabilities, that it made known to the seller the specific continuous heavy use for which the lift was required such that an implied condition of fitness would arise; evidence established excessive use as the likely cause of failures and therefore no breach of implied warranty by the seller.

Court Disposition

Claim dismissed. Defendant awarded $1,057.45 on counterclaim. No costs awarded to either party.

Orders

  • Treasured Memories In Home Nursing Care Limited shall pay I.M.P. Group Limited $1,057.45.
  • No costs to either party.