Mosher v. Benson

Mosher v. Benson

The 17-year-old buyer was a minor; the vehicle was not a necessary for his condition of life; therefore the contract was voidable at the minor's instance; the defendant could be substantially restored to his former position by return of the vehicle, so the purchase price ($2,000) must be returned to the Claimants and the vehicle returned to the Defendant; incidental third-party expenses are not recoverable from the Defendant.

Citation
2008 NSSM 72
Parties
Claimant: Glen and Dale Mosher (on behalf of minor son Kyle Mosher); Defendant: Peter Leonard Benson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 October 2008
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment in part for the Claimants; Defendant ordered to repay purchase price and claimant ordered to return vehicle; filing fee awarded; incidental third-party expenses not awarded.
Legal Topics
Capacity to Contract, Necessaries, Voidable Contract, Restitution, Sale of Used Motor Vehicle
Source Language
English
Contract Law Sale of Goods Minors/infancy Capacity to Contract Necessaries Voidable Contract Restitution Sale of Used Motor Vehicle

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Parties

Glen and Dale Mosher (on behalf of minor son Kyle Mosher)

Claimant

Peter Leonard Benson

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the vehicle was road-worthy and the sale price was inflated
  2. 2 Whether a contract with a 17-year-old minor is voidable
  3. 3 Whether the vehicle constituted necessaries for the minor

Ratio Decidendi

The 17-year-old buyer was a minor; the vehicle was not a necessary for his condition of life; therefore the contract was voidable at the minor's instance; the defendant could be substantially restored to his former position by return of the vehicle, so the purchase price ($2,000) must be returned to the Claimants and the vehicle returned to the Defendant; incidental third-party expenses are not recoverable from the Defendant.

Court Disposition

Judgment in part for the Claimants; Defendant ordered to repay purchase price and claimant ordered to return vehicle; filing fee awarded; incidental third-party expenses not awarded.

Orders

  • Defendant pay $2,000.00 to the Claimants (purchase price)
  • Defendant pay filing fee/costs of $87.06 to the Claimants