Crowe v. Adams

Crowe v. Adams

Defendant breached the standard of care by misjudging paddling over the shoulder and entering a collision course, the defences of volenti and contributory negligence failed, and claimant was entitled to damages equal to the invoiced replacement cost plus assessed costs.

Source-derived case information.

Citation
2010 NSSM 3
Parties
Claimant: Donald Crowe; Defendant: Jeffrey Adams
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 January 2010
Procedural Posture
Small Claims Court / Decision (final)
Outcome
Judgment for claimant in the amount of $839.68 (including costs)
Legal Topics
Negligence, Volenti Non Fit Injuria, Contributory Negligence, Duty of Care, Damages, Surfing Etiquette
Source Language
english
Tort Property Damage Negligence Volenti Non Fit Injuria Contributory Negligence Duty of Care Damages Surfing Etiquette

Source-derived case record

Summary, issues, holding and outcome

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Parties

Donald Crowe

Claimant

Jeffrey Adams

Defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

  1. 1 Whether the defendant negligently caused damage to the claimant's surfboard
  2. 2 Whether the defence of volenti non fit injuria bars recovery
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

Defendant breached the standard of care by misjudging paddling over the shoulder and entering a collision course, the defences of volenti and contributory negligence failed, and claimant was entitled to damages equal to the invoiced replacement cost plus assessed costs.

Court Disposition

Judgment for claimant in the amount of $839.68 (including costs)

Orders

  • Defendant to pay Claimant $750.00 for damaged surfboard
  • Defendant to pay $89.68 costs; total $839.68