5,109
edits
Difference between revisions of "Do You Have a Small Claim? (20:III)"
From Clicklaw Wikibooks
Do You Have a Small Claim? (20:III) (view source)
Revision as of 21:48, 13 August 2020
, 21:48, 13 August 2020→4. Debt
| Line 53: | Line 53: | ||
=== 4. Debt === | === 4. Debt === | ||
Debt is a remedy for breach of contract | Debt is a remedy for breach of contract (See: ''[http://canlii.ca/t/5467 Busnex Business Exchange Ltd. v Canadian Medical Legacy Corp]'', 1999 BCCA 78). At paragraph 8, the court addresses the requirements for establishing a debt or liquidated demand: | ||
“A liquidated demand in the nature of a debt, i.e., a specific sum of money due and payable under or by virtue of a contract. Its amount must either be already ascertained or capable of being ascertained as a mere matter of arithmetic. If the ascertainment of a sum of money, even though it be specified or named as a definite figure, requires investigation, beyond mere calculation, then the sum is not a ‘debt or liquidated demand,’ but constitutes ‘damages.’” | “A liquidated demand in the nature of a debt, i.e., a specific sum of money due and payable under or by virtue of a contract. Its amount must either be already ascertained or capable of being ascertained as a mere matter of arithmetic. If the ascertainment of a sum of money, even though it be specified or named as a definite figure, requires investigation, beyond mere calculation, then the sum is not a ‘debt or liquidated demand,’ but constitutes ‘damages.’” | ||
