Edwards v. Rowe

Edwards v. Rowe

Adjudicator found initial written quote covered shingling and finish fascia only for the quoted section; a separate second contract was formed on site for additional work at a price of $300 as objectively communicated and accepted; Claimant failed to prove entitlement to $708.12 on the balance of probabilities and Respondent failed to mitigate by notifying Claimant promptly, but compensatory repair cost was $300, so the Claimant's claim is dismissed and Respondent awarded $300 on her counterclaim.

Citation
2015 NSSM 42
Parties
Claimant: Frederick H. Edwards; Respondent: Loraine Rowe
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 September 2015
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed; counterclaim allowed in part
Legal Topics
Formation of Contract, Breach of Contract, Measure of Damages, Mitigation, Evidence and Burden of Proof, Objective Interpretation of Offers
Source Language
English
Contract Law Construction Law Tort Law Formation of Contract Breach of Contract Measure of Damages Mitigation Evidence and Burden of Proof +1 more

Case Brief

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Parties

Frederick H. Edwards

Claimant

Loraine Rowe

Respondent

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 What was the nature and scope of the contract between the parties?
  2. 2 Did the Claimant breach the contract by defective or incomplete work?
  3. 3 If breached, what is the appropriate measure of damages?

Ratio Decidendi

Adjudicator found initial written quote covered shingling and finish fascia only for the quoted section; a separate second contract was formed on site for additional work at a price of $300 as objectively communicated and accepted; Claimant failed to prove entitlement to $708.12 on the balance of probabilities and Respondent failed to mitigate by notifying Claimant promptly, but compensatory repair cost was $300, so the Claimant's claim is dismissed and Respondent awarded $300 on her counterclaim.

Court Disposition

Claim dismissed; counterclaim allowed in part

Orders

  • Claim dismissed
  • Respondent awarded $300 on counterclaim