Greener-MacLean v. Meadowbrook Stables

Greener-MacLean v. Meadowbrook Stables

The contract was valid and not frustrated because the failure to perform (horse not loading) was effectively self-induced by the claimant's refusal to permit or pursue the defendant's offered assistance; the claimant's arguments about minority and lack of a signed copy failed; the defendant was entitled to recover actual preparatory costs incurred in reliance ($465.80); claimant's action dismissed and defendant's counterclaim allowed in that amount.

Citation
2019 NSSM 36
Parties
Claimant: Nicolette Greener-MacLean; Defendant: Meadow Brook Stables; Defendant: Kaila Watters
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 July 2019
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Claim dismissed; Defendant counterclaim allowed in part
Legal Topics
Contract Validity, Capacity of Minors, Frustration of Contract, Estoppel by Representation, Damages and Mitigation
Source Language
English
Contract Law Equitable Remedies Civil Procedure Contract Validity Capacity of Minors Frustration of Contract Estoppel by Representation Damages and Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Nicolette Greener-MacLean

Claimant

Meadow Brook Stables

Defendant

Kaila Watters

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Whether a valid contract existed between the parties
  2. 2 Whether the contract was frustrated by the horse's refusal to load
  3. 3 Whether the claimant lacked capacity as a minor or the contract was void for lack of a signed copy

Ratio Decidendi

The contract was valid and not frustrated because the failure to perform (horse not loading) was effectively self-induced by the claimant's refusal to permit or pursue the defendant's offered assistance; the claimant's arguments about minority and lack of a signed copy failed; the defendant was entitled to recover actual preparatory costs incurred in reliance ($465.80); claimant's action dismissed and defendant's counterclaim allowed in that amount.

Court Disposition

Claim dismissed; Defendant counterclaim allowed in part

Orders

  • Claimant's action against the Defendant is dismissed.
  • Defendant's counterclaim against the Claimant is allowed in part.