Fagan v. Fredericks

Fagan v. Fredericks

The defendant's misrepresentation regarding mileage (even if innocent) entitled the claimant to rescind the transaction and recover consequential expenses because she never agreed to limit her claim to the $5,000 immediate payment; accordingly judgment awarded her the claimed expenses and filing and service costs, but not general damages.

Citation
2014 NSSM 29
Parties
Claimant: Harriet Ramona Fagan; Defendant: Randy Fredericks
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 May 2014
Procedural Posture
Small Claims Court / Decision (judgment Rendered)
Outcome
Judgment for the Claimant
Legal Topics
Misrepresentation, Rescission, Consequential Damages, Odometer/mileage Misstatement, As Is Sale
Source Language
English
Contract Law Consumer Protection Sale of Goods Misrepresentation Rescission Consequential Damages Odometer/mileage Misstatement As Is Sale

Case Brief

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Parties

Harriet Ramona Fagan

Claimant

Randy Fredericks

Defendant

Procedural Posture

Small Claims Court / Decision (judgment Rendered)

Legal Issues

  1. 1 Whether the defendant misrepresented the vehicle's mileage
  2. 2 Whether the claimant was entitled to rescind the sale and recover consequential losses
  3. 3 Whether the claimant waived rights by accepting partial payment when returning the vehicle

Ratio Decidendi

The defendant's misrepresentation regarding mileage (even if innocent) entitled the claimant to rescind the transaction and recover consequential expenses because she never agreed to limit her claim to the $5,000 immediate payment; accordingly judgment awarded her the claimed expenses and filing and service costs, but not general damages.

Court Disposition

Judgment for the Claimant

Orders

  • Judgment in favour of the Claimant for $529.56 (consequential expenses)
  • Plus $96.80 for cost of issuing the claim