Swain v. Tulloch

Swain v. Tulloch

Time was not of the essence absent an express agreement; defendants waived their contractual rights by making a progress payment and by representations that induced delay; therefore defendants wrongfully terminated and claimant is entitled to quantum meruit for work done, calculated at $6,365 plus prejudgment...

Source-derived case information.

Citation
2007 NSSM 34
Parties
Claimant: Lloyd Scott Swain; Defendant: Shelley Tulloch; Defendant: Innis Tulloch
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 July 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Claimant's claim allowed in part; judgment for claimant Lloyd Scott Swain against Shelley Tulloch and Innis Tulloch.
Legal Topics
Breach of Contract, Termination, Quantum Meruit, Damages, Prejudgment Interest, Waiver
Source Language
english
Contract Law Construction Law Remedies Civil Procedure Breach of Contract Termination Quantum Meruit Damages +2 more

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Summary, issues, holding and outcome

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Parties

Lloyd Scott Swain

Claimant

Shelley Tulloch

Defendant

Innis Tulloch

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether time was of the essence
  2. 2 Whether defendants validly terminated the contract
  3. 3 Whether claimant was entitled to further progress payments

Ratio Decidendi

Time was not of the essence absent an express agreement; defendants waived their contractual rights by making a progress payment and by representations that induced delay; therefore defendants wrongfully terminated and claimant is entitled to quantum meruit for work done, calculated at $6,365 plus prejudgment interest and costs, total $6,689.62.

Court Disposition

Claimant's claim allowed in part; judgment for claimant Lloyd Scott Swain against Shelley Tulloch and Innis Tulloch.

Orders

  • Judgment for claimant Lloyd Scott Swain against Shelley Tulloch and Innis Tulloch in the amount of 6689.62 CAD.
  • Award comprises 6,365.00 CAD for work and retained items, 164.62 CAD prejudgment interest at 4% from December 1, 2006 to date of decision, and 160.00 CAD costs.