Saltzman v. Low
The altered written agreement was not enforceable due to doubt about the defendant's understanding; therefore the claimant's entitlement is assessed by quantum meruit and the court finds 10% to be a reasonable benchmark but limits recovery to the amount claimed; accordingly judgment for the claimant for $460 plus $96.80 costs (total $556.80).
- Citation
- 2014 NSSM 27
- Parties
- Claimant: James Saltzman; Defendant: Paul Low
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 23 April 2014
- Procedural Posture
- Small Claims Court / Hearing Concluded; Decision Rendered
- Outcome
- Judgment for Claimant in part
- Legal Topics
- Quantum Meruit, Enforceability of Signed Documents, Capacity/assent, Assessment of Reasonable Remuneration, Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
James Saltzman
Claimant
Paul Low
Defendant
Procedural Posture
Small Claims Court / Hearing Concluded; Decision Rendered
Legal Issues
- 1 Whether the altered written release showing 10% is legally enforceable
- 2 Whether the claimant is entitled to remuneration on a quantum meruit basis
- 3 What constitutes a reasonable fee for the services rendered
Ratio Decidendi
The altered written agreement was not enforceable due to doubt about the defendant's understanding; therefore the claimant's entitlement is assessed by quantum meruit and the court finds 10% to be a reasonable benchmark but limits recovery to the amount claimed; accordingly judgment for the claimant for $460 plus $96.80 costs (total $556.80).
Court Disposition
Judgment for Claimant in part
Orders
- Order for payment of $460.00 plus $96.80 in costs, total $556.80
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