Villeneuve v. Sypher

Villeneuve v. Sypher

The advertisement phrase 'no rust' was a collateral warranty that induced the purchase; it was breached because the vehicle had rust causing steering failure; the 'as is, where is' clause did not bar liability for that collateral warranty; remedy was damages for repair ($1500) plus general damages ($100) and costs ($158.80), not rescission.

Citation
2014 NSSM 70
Parties
Claimant: Peggy Villeneuve; Defendant: Nick Scott Sypher
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 September 2014
Procedural Posture
Small Claims Court Private Vehicle Sale / Decision (judgment)
Outcome
Claim allowed in part; judgment for Claimant
Legal Topics
As Is Where Is, Collateral Warranty, Misrepresentation, Rescission, Damages, Motor Vehicle Inspection
Source Language
English
Contract Sale of Goods Consumer Protection Property (vehicle) As Is Where Is Collateral Warranty Misrepresentation Rescission +2 more

Case Brief

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Parties

Peggy Villeneuve

Claimant

Nick Scott Sypher

Defendant

Procedural Posture

Small Claims Court Private Vehicle Sale / Decision (judgment)

Legal Issues

  1. 1 Whether the 'as is, where is' clause absolves the seller of liability
  2. 2 Whether the advertisement phrase 'no rust' constituted a collateral warranty
  3. 3 Whether there was a fundamental breach or fraud justifying rescission

Ratio Decidendi

The advertisement phrase 'no rust' was a collateral warranty that induced the purchase; it was breached because the vehicle had rust causing steering failure; the 'as is, where is' clause did not bar liability for that collateral warranty; remedy was damages for repair ($1500) plus general damages ($100) and costs ($158.80), not rescission.

Court Disposition

Claim allowed in part; judgment for Claimant

Orders

  • Repairs $1500.00
  • General damages $100.00