Refund Granted for Breach of Contract - Civil Resolution Tribunal Decision
⚖️ Legal holding
A seller must deliver goods according to the contract's terms, including timely delivery and correct specifications.
📖 Technical summary
The claimant successfully proved partial breach of contract by the respondent, leading to a partial refund and interest.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The seller breached the contract by delivering the first couch late and in the wrong colour.
- The seller fundamentally breached the contract by providing the replacement couch late and in the wrong colour.
- The requested refund was appropriate as reliance damages because the buyer never received a couch of the correct colour.
- The buyer was entitled to pre-judgment interest on the refund amount.
- The buyer was entitled to reimbursement of CRT fees.
❌ Tends to be rejected
- The claim for damages for late delivery was dismissed because the specific need for a pre-wedding event was not proven.
- The claim for damages for late delivery was dismissed because relocating the event was not reasonably necessary.
- The claim for emotional distress was dismissed because it was not a "peace of mind" contract.
- The claim for emotional distress was dismissed due to a lack of evidence beyond ordinary emotional upset.
- The claim for increased cost of a replacement sofa was dismissed because pre-judgment interest compensates for inflation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about the delivery of a couch that was late and in the wrong color, leading to a breach of contract.
How did the court decide, and why?
The court decided in favour of the claimant because the respondent failed to deliver the couch according to the contract's terms.
Which laws or rules were applied?
The Civil Resolution Tribunal Act, sections 118, 39, and 42 were applied.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to seek a refund and damages if the seller breaches the contract.
What evidence or documents mattered?
The evidence and documents that mattered included text messages, invoices, and the claimant's statements.