Tingley v. Sapp

Tingley v. Sapp

Factory 21 is liable for its sales agent's fraud under ostensible authority but the Claimant received full value for that fraud via credit toward the Mazda; on the vehicle defects, the express 30-day 50-50 warranty applied and the Claimant failed to mitigate by not returning the vehicle to Factory 21 for diagnosis and repair, therefore damages were limited and assessed at $1,500 with Factory 21 responsible for one-half ($750) plus awarded costs of $314.35, totaling $1,064.35.

Citation
2017 NSSM 4
Parties
Claimant: Paul J. Tingley; Defendant: Joel Sapp; Defendant: The Used Car Factory 21
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 January 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant in part against The Used Car Factory 21: $750.00 in damages plus $314.35 in costs; total judgment $1,064.35.
Legal Topics
Implied Warranties, Ostensible/apparent Authority, Fraud by Agent, Mitigation of Damages, Express Warranty
Source Language
English
Consumer Protection Sale of Goods Agency Contract Implied Warranties Ostensible/apparent Authority Fraud by Agent Mitigation of Damages +1 more

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Parties

Paul J. Tingley

Claimant

Joel Sapp

Defendant

The Used Car Factory 21

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant is liable for fraud committed by its sales agent under ostensible/apparent authority
  2. 2 Whether implied warranties under the Consumer Protection Act or the express 30-day 50-50 warranty were breached
  3. 3 Whether the claimant failed to mitigate by not returning the vehicle to the seller under the warranty

Ratio Decidendi

Factory 21 is liable for its sales agent's fraud under ostensible authority but the Claimant received full value for that fraud via credit toward the Mazda; on the vehicle defects, the express 30-day 50-50 warranty applied and the Claimant failed to mitigate by not returning the vehicle to Factory 21 for diagnosis and repair, therefore damages were limited and assessed at $1,500 with Factory 21 responsible for one-half ($750) plus awarded costs of $314.35, totaling $1,064.35.

Court Disposition

Judgment for Claimant in part against The Used Car Factory 21: $750.00 in damages plus $314.35 in costs; total judgment $1,064.35.

Orders

  • Judgment entered in favour of Paul J. Tingley against The Used Car Factory 21 in the amount of $750.00 for damages.
  • Costs awarded to the Claimant in the amount of $314.35 (filing and service fees), making total judgment $1,064.35.