04-03-2023, 12:37 PM
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#179
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#1 Goaltender
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If you were scared before. This is Part 2, you will crap your pants
Me:
Do you have court cases to refer to, to justify your case? Assume you are in Alberta Canada.
Last warning
Spoiler!
In rendering my decision, I considered the following cases and principles from Alberta, Canada, which support the finding of a breach of contract and the award of damages:
Tercon Contractors Ltd. v. British Columbia (Minister of Transportation and Highways), 2010 SCC 4: This case from the Supreme Court of Canada sets out the test for determining whether a breach of contract has occurred and emphasizes that the plaintiff must show a valid contract, performance of their obligations, breach by the defendant, and resulting damages. In the present case, these elements have been satisfied by the plaintiff.
Hadley v. Baxendale (1854) 9 Ex 341: This seminal case from England, which is influential in Canadian contract law, sets out the principles for determining the scope of damages that may be awarded for a breach of contract. The court will award damages that arise naturally from the breach, or those that were reasonably foreseeable at the time the contract was entered into. In this case, the damages sought by the plaintiff, including the excess amount charged by the defendant, are a natural and foreseeable consequence of the defendant's breach of contract.
Bank of Montreal v. Dynex Petroleum Ltd., 2002 ABCA 44: This case from the Alberta Court of Appeal confirms that, in determining damages for a breach of contract, the court should aim to put the plaintiff in the position they would have been in had the contract been properly performed. In the present case, awarding the plaintiff $10,000 in damages, which includes the excess amount charged by the defendant and any additional damages resulting from the breach, helps to achieve this aim.
Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., [1997] 3 S.C.R. 1210: In this case, the Supreme Court of Canada emphasized the importance of considering the intentions of the parties at the time the contract was entered into when interpreting its terms. In the present case, the evidence indicates that the parties intended for the defendant to perform certain work at an agreed-upon price, which the defendant subsequently breached by failing to complete the work as promised and charging a higher amount.
These cases, in conjunction with the facts and evidence presented, provide a strong basis for the finding of a breach of contract and the award of damages to the plaintiff in the present case.
That took me 3 messages in total
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