French v. Short

French v. Short

The adjudicator enforced the written inspection-notice clause as drafted; the defendants failed to give the required written notice by the deadline, their late cancellation was ineffective, agent conduct did not excuse their contractual breach, and the claimant mitigated loss, entitling her to the contract-resale deficiency of $6,900 plus filing fee.

Citation
2007 NSSM 21
Parties
Claimant: Renee French; Defendant: Maxine Short; Defendant: Greg Short
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 June 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the claimant
Legal Topics
Breach of Contract, Inspection Condition, Notice Requirements, Mitigation of Damages, Agency (dual Agency)
Source Language
English
Contract Real Estate Remedies Breach of Contract Inspection Condition Notice Requirements Mitigation of Damages Agency (dual Agency)

Case Brief

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Parties

Renee French

Claimant

Maxine Short

Defendant

Greg Short

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendants validly terminated the agreement by failing to give the required written notice by the specified deadline
  2. 2 Whether the agent's conduct can be imputed to the seller to excuse the defendants' failure to give written notice
  3. 3 What damages the claimant is entitled to after an abortive sale and whether the claimant mitigated loss reasonably

Ratio Decidendi

The adjudicator enforced the written inspection-notice clause as drafted; the defendants failed to give the required written notice by the deadline, their late cancellation was ineffective, agent conduct did not excuse their contractual breach, and the claimant mitigated loss, entitling her to the contract-resale deficiency of $6,900 plus filing fee.

Court Disposition

Judgment for the claimant

Orders

  • Judgment for $6,900.00 against the defendants jointly
  • Filing fee of $160.00 allowed