Tricco v. Hynes, (1971) 2 Nfld. & P.E.I.R. 53 (NFDC)

• Judge: Murray, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 21, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 53 (NFDC)

Tricco v. Hynes (1971), 2 Nfld. & P.E.I.R. 53 (NFDC)

MLB headnote and full text

Tricco v. Hynes

Indexed As: Tricco v. Hynes

Court of the Judicial District of St. John's West

Murray, J.

May 21, 1971.

Summary:

Action for rescission of a contract for the sale of goods.

Sale of Goods - Topic 6507

Breach - Remedies of buyer - Rescission, fundamental breach - Caveat emptor - Doctrine of fundamental breach of obligation - Used automobile sold "as is" - Buyer inspected before delivery - Chassis was completely rusted out and automobile was condemned by the Department of Highways as unroadworthy one month after sale - Newfoundland Court of the Judicial District of St. John's West held that there was a fundamental breach of obligation by the seller and that the principle of caveat emptor did not apply - Rescission granted.

Cases Noticed:

Godsoe v. Beatty (1959), 19 D.L.R.(2d) 265 (N.B.C.A.), dist.

Robinson v. Motor Mart Ltd., [1955] 2 D.L.R. 427 (N.S.C.A.), dist.

Karsales (Harrow) v. Wallis, [1956] 2 All E.R. 866, appld.

Yeoman Credit Ltd. v. Apps, [1961] 2 All E.R. 281, [1962] 2 Q.B. 508, appld.

Counsel:

Isaac Mercer, Q.C., for the Plaintiff;

Thomas J. O'Reilly, for the Defendant.