Samson & Filion v. The Davie Shipbuilding & Repairing Co. / Ziff v. Baker / Ziff v. Samson & Filion

Samson & Filion v. The Davie Shipbuilding & Repairing Co. / Ziff v. Baker / Ziff v. Samson & Filion

Second‑hand dealers are ordinary vendors and not subject to the legal presumption of knowledge in Art. 1527(2) C.C.; delictual fault under Art. 1053 C.C. was not established because the defect (gun‑cotton) was undiscoverable by reasonably expected care; damages on a conventional warranty are limited by foreseeability under Art. 1074 C.C.; accordingly judgments against Samson & Filion and Ziff were reversed, while Ziff's sub‑warranty claim against Baker & Betcherman failed on identification of goods.

Citation
[1925] SCR 202
Parties
Appellant / Defendant: Samson & Filion; Respondent / Plaintiff: The Davie Shipbuilding & Repairing Co.; Appellant / Defendant in Warranty / Plaintiff in Sub Warranty: W. Ziff; Respondents / Defendants in Sub Warranty: Baker & Betcherman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 December 1924
Procedural Posture
Civil Appeal (sale of Goods / Warranty) / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal allowed in part: judgments against Samson & Filion and against Ziff reversed; appeal of Ziff v. Baker & Betcherman dismissed.
Legal Topics
Latent Defects, Legal Presumption of Knowledge, Conventional (contractual) Warranty, Foreseeability of Damages, Second Hand Dealer Liability, Rebuttal of Presumption, Sub‑warranty and Warranty Actions
Source Language
English
Sale of Goods Contract Law Tort / Delict Civil Code Interpretation Workmen's Compensation Latent Defects Legal Presumption of Knowledge Conventional (contractual) Warranty +4 more

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Parties

Samson & Filion

Appellant / Defendant

The Davie Shipbuilding & Repairing Co.

Respondent / Plaintiff

W. Ziff

Appellant / Defendant in Warranty / Plaintiff in Sub Warranty

Baker & Betcherman

Respondents / Defendants in Sub Warranty

Procedural Posture

Civil Appeal (sale of Goods / Warranty) / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether vendors were liable in delict under Art. 1053 C.C.
  2. 2 Whether the legal presumption of knowledge in Art. 1527(2) C.C. applies to second‑hand dealers
  3. 3 Whether damages for the employee's death were recoverable under a conventional warranty or limited by Art. 1074 C.C.

Ratio Decidendi

Second‑hand dealers are ordinary vendors and not subject to the legal presumption of knowledge in Art. 1527(2) C.C.; delictual fault under Art. 1053 C.C. was not established because the defect (gun‑cotton) was undiscoverable by reasonably expected care; damages on a conventional warranty are limited by foreseeability under Art. 1074 C.C.; accordingly judgments against Samson & Filion and Ziff were reversed, while Ziff's sub‑warranty claim against Baker & Betcherman failed on identification of goods.

Court Disposition

Appeal allowed in part: judgments against Samson & Filion and against Ziff reversed; appeal of Ziff v. Baker & Betcherman dismissed.

Orders

  • Appeal Samson & Filion v. Davie Shipbuilding & Repairing Co. allowed with costs
  • Appeal Ziff v. Samson & Filion allowed with costs