Wang v. Taylor Flooring Ltd.

Wang v. Taylor Flooring Ltd.

The defendant breached the implied contractual condition that the goods correspond with their description by supplying Cottage Grade flooring instead of the contracted Select/Mixed grade; rescission was appropriate in principle but impractical because the flooring was installed, so damages were awarded to place the...

Source-derived case information.

Citation
2016 NSSM 40
Parties
Claimant: Shuxiu Wang; Defendant: Taylor Flooring Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 July 2016
Procedural Posture
Small Claims Court Consumer Sale Dispute / Decision
Outcome
Claim allowed in part; judgment for claimant against Taylor Flooring Limited for monetary relief
Legal Topics
Breach of Condition by Description, Implied Warranties, Misrepresentation (negligent and Possibly Fraudulent), Measure of Damages and Rescission, Mitigation and Acceptance, Prejudgment Interest and Costs
Source Language
english
Contract Law Consumer Protection Sale of Goods Tort Misrepresentation Breach of Condition by Description Implied Warranties Misrepresentation (negligent and Possibly Fraudulent) Measure of Damages and Rescission +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shuxiu Wang

Claimant

Taylor Flooring Limited

Defendant

Procedural Posture

Small Claims Court Consumer Sale Dispute / Decision

Legal Issues

  1. 1 Whether defendant breached the implied condition that goods correspond with their description
  2. 2 Whether the transaction was a sale by description
  3. 3 Whether claimant accepted the goods or timely repudiated

Ratio Decidendi

The defendant breached the implied contractual condition that the goods correspond with their description by supplying Cottage Grade flooring instead of the contracted Select/Mixed grade; rescission was appropriate in principle but impractical because the flooring was installed, so damages were awarded to place the claimant in the position had the contract been performed (refund minus necessary preparatory work, plus removal costs, general damages, prejudgment interest and costs).

Court Disposition

Claim allowed in part; judgment for claimant against Taylor Flooring Limited for monetary relief

Orders

  • Taylor Flooring Limited to pay special damages $6671.66 CAD
  • Taylor Flooring Limited to pay general damages $100.00 CAD