Star v. Davison

Star v. Davison

On the balance of probabilities the Claimant did not prove an intention that the Defendant assume personal responsibility; evidence showed the contract was with Behind The Eyes (the promoter) and the Defendant signed as agent/promoter, so mere execution did not create personal liability and the claim is dismissed.

Citation
2023 NSSM 67
Parties
Claimant: 5 Star Security Services; Defendant: Kevin Davison
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 October 2023
Procedural Posture
Small Claims Court / Hearing/decision (adjudicator Decision)
Outcome
Claim dismissed
Legal Topics
Contract Formation, Authority to Bind/principal Vs Agent, Personal Liability of Agent, Intention to Create Legal Relations
Source Language
English
Contract Law Agency Law Commercial Law Contract Formation Authority to Bind/principal Vs Agent Personal Liability of Agent Intention to Create Legal Relations

Case Brief

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Parties

5 Star Security Services

Claimant

Kevin Davison

Defendant

Procedural Posture

Small Claims Court / Hearing/decision (adjudicator Decision)

Legal Issues

  1. 1 Whether a contract existed between the Claimant and the Defendant that imposed personal liability on the Defendant
  2. 2 Whether the Defendant's signature as 'Promoter' constituted a personal guarantee or created personal liability
  3. 3 Whether there was mutual intention to create legal relations between the Claimant and the Defendant

Ratio Decidendi

On the balance of probabilities the Claimant did not prove an intention that the Defendant assume personal responsibility; evidence showed the contract was with Behind The Eyes (the promoter) and the Defendant signed as agent/promoter, so mere execution did not create personal liability and the claim is dismissed.

Court Disposition

Claim dismissed