Brewer v. Bonaparte

Brewer v. Bonaparte

The buyer had a reasonable opportunity to inspect the trailer under s.36 of the Sale of Goods Act; therefore caveat emptor applies, there was no negligent misrepresentation by the sellers, and the claim is dismissed.

Source-derived case information.

Citation
2019 NSSM 27
Parties
Claimant: Robert Brewer; Claimant: Monica Brewer; Defendant: John Bonaparte; Defendant: Donna Bonaparte
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 April 2019
Procedural Posture
Small Claims Court / Adjudication/decision Delivered
Outcome
Claim dismissed; no costs awarded
Legal Topics
Misrepresentation, Opportunity to Examine, Caveat Emptor, Inspection, Remedies
Source Language
english
Contract Sale of Goods Consumer Law Misrepresentation Opportunity to Examine Caveat Emptor Inspection Remedies

Source-derived case record

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Parties

Robert Brewer

Claimant

Monica Brewer

Claimant

John Bonaparte

Defendant

Donna Bonaparte

Defendant

Procedural Posture

Small Claims Court / Adjudication/decision Delivered

Legal Issues

  1. 1 Whether defendants misrepresented the condition of the trailer
  2. 2 Whether the buyer had a reasonable opportunity to inspect under s.36 Sale of Goods Act and thus whether caveat emptor applies
  3. 3 Whether negligent misrepresentation occurred

Ratio Decidendi

The buyer had a reasonable opportunity to inspect the trailer under s.36 of the Sale of Goods Act; therefore caveat emptor applies, there was no negligent misrepresentation by the sellers, and the claim is dismissed.

Court Disposition

Claim dismissed; no costs awarded

Orders

  • Action dismissed.
  • No costs awarded.