Stravens v Lesperance (CA 15/2016) [2018] SCSC 8289 (15 October 2018)

Stravens v Lesperance (CA 15/2016) [2018] SCSC 8289 (15 October 2018)

The evidence established a binding oral contract for the loan of building materials, with intention to create legal relations inferred from conduct and partial return of materials. The magistrate erred in finding no contract and in disregarding the appellant's annexures, which, together with oral evidence, proved...

Source-derived case information.

Citation
[2018] SCSC 8289
Parties
Appellant: Theophane Stravens; Respondent: Tony Lesperance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 October 2018
Case Number
CA 15/2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Oral Contracts, Intention to Create Legal Relations, Burden of Proof, Loan for Consumption
Source Language
english
Contract Law Oral Contracts Intention to Create Legal Relations Burden of Proof Loan for Consumption

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Parties

Theophane Stravens

Appellant

Tony Lesperance

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a valid contract was concluded between the parties
  2. 2 Whether the appellant proved the existence and breach of the contract
  3. 3 Whether the magistrate erred in disregarding the appellant's annexures as evidence

Ratio Decidendi

The evidence established a binding oral contract for the loan of building materials, with intention to create legal relations inferred from conduct and partial return of materials. The magistrate erred in finding no contract and in disregarding the appellant's annexures, which, together with oral evidence, proved the outstanding debt.

Court Disposition

appeal allowed

Orders

  • Respondent to pay the sum of SeR 41,023.00 to the appellant.
  • Respondent to pay costs.