Beals v. Katies Tailors

Beals v. Katies Tailors

Claimant failed to prove on the balance of probabilities that the defendant breached the applicable standard of care or that the suits were rendered worthless; only some visible defects were established and, lacking objective evidence of industry standards or cost of repair, damages were estimated at $100.00.

Source-derived case information.

Citation
2010 NSSM 80
Parties
Claimant: Carol Beals; Defendant: Katies Tailors
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 August 2010
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant in the amount of $100.00; each party to bear their own costs.
Legal Topics
Breach of Contract, Negligence, Damages, Remedy, Costs
Source Language
english
Contract Tort Breach of Contract Negligence Damages Remedy Costs

Source-derived case record

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Parties

Carol Beals

Claimant

Katies Tailors

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant breached the oral contract or was negligent in hemming the pants
  2. 2 Quantum of damages given lack of industry standard evidence and absence of proof of loss of profit

Ratio Decidendi

Claimant failed to prove on the balance of probabilities that the defendant breached the applicable standard of care or that the suits were rendered worthless; only some visible defects were established and, lacking objective evidence of industry standards or cost of repair, damages were estimated at $100.00.

Court Disposition

Judgment for claimant in the amount of $100.00; each party to bear their own costs.

Orders

  • Defendant shall pay to the Claimant the sum of $100.00.
  • Each party shall bear their own costs.