Yonder v. Fraser

Yonder v. Fraser

The adjudicator found that an offer and electronic acceptance established a valid binding purchase contract including the non-breeding clause; there was no credible evidence of an oral variation; an unrestricted CKC registration did not negate the contractual non-breeding obligation; therefore the defendant breached the contract and is liable for the liquidated damages and specific remedial obligations ordered.

Citation
2017 NSSM 76
Parties
Claimant: Cassandra Lee Yonder; Defendant: Jennifer Fraser
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 April 2017
Procedural Posture
Small Claims Contract Dispute / Reserved Decision Rendered (judgment)
Outcome
Judgment for claimant
Legal Topics
Formation of Contract, Electronic Signatures, Non Breeding Agreement, Liquidated Damages, Oral Variation of Contract, Remedies (specific Performance / Return)
Source Language
English
Contract Law Animal Law Consumer/e Commerce Law Formation of Contract Electronic Signatures Non Breeding Agreement Liquidated Damages Oral Variation of Contract +1 more

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Parties

Cassandra Lee Yonder

Claimant

Jennifer Fraser

Defendant

Procedural Posture

Small Claims Contract Dispute / Reserved Decision Rendered (judgment)

Legal Issues

  1. 1 Whether a valid contract existed between the parties
  2. 2 Whether the defendant accepted the non-breeding clause (electronic acceptance)
  3. 3 Whether the non-breeding clause was orally varied at time of transfer

Ratio Decidendi

The adjudicator found that an offer and electronic acceptance established a valid binding purchase contract including the non-breeding clause; there was no credible evidence of an oral variation; an unrestricted CKC registration did not negate the contractual non-breeding obligation; therefore the defendant breached the contract and is liable for the liquidated damages and specific remedial obligations ordered.

Court Disposition

Judgment for claimant

Orders

  • Defendant to pay claimant $6000 in liquidated damages
  • Defendant to pay costs of $119.35