E.T. Instruments of Canada Ltd. v. Village Park Development Inc.

E.T. Instruments of Canada Ltd. v. Village Park Development Inc.

Defendant breached the contract by cancelling after having been informed and having tacitly accepted the amended delivery date; claimant may recover the actual restocking fee it was obliged to pay to its supplier ($2,394.88) as the direct and proven loss flowing from the breach; speculative lost profit was not proven and is not recoverable.

Citation
2005 NSSM 32
Parties
Claimant: E.T. Instruments of Canada Ltd.; Defendant: Village Park Development Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 August 2005
Procedural Posture
Small Claims Court Contract Claim / Adjudication/decision
Outcome
Claim allowed in part
Legal Topics
Breach of Contract, Restocking Fee, Damages, Mitigation of Loss
Source Language
English
Contract Law Commercial Law Civil Damages Breach of Contract Restocking Fee Damages Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

E.T. Instruments of Canada Ltd.

Claimant

Village Park Development Inc.

Defendant

Procedural Posture

Small Claims Court Contract Claim / Adjudication/decision

Legal Issues

  1. 1 Whether the defendant breached the purchase contract by cancelling after a confirmed later delivery date
  2. 2 Whether the claimant is entitled to recover a restocking fee as damages for the breach
  3. 3 Whether the claimant proved and mitigated its losses and whether the amount claimed is reasonable

Ratio Decidendi

Defendant breached the contract by cancelling after having been informed and having tacitly accepted the amended delivery date; claimant may recover the actual restocking fee it was obliged to pay to its supplier ($2,394.88) as the direct and proven loss flowing from the breach; speculative lost profit was not proven and is not recoverable.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay claimant $2,394.88
  • Defendant to pay costs to claimant