Small Claims Court
The Small Claims Court deals with civil claims worth the principal amount of $35,000, or the equivalent in the return of personal property, plus costs, disbursements, and pre and post judgment interest. Common claims include breach of contract, torts, and statutory liabilities.
Breach of Contract
When 2 or more people form an agreement, either in writing or verbally, to provide something of value to each other this forms what is called a contract. The terms of a contract are legally enforceable. Damages for breach of contract are, generally, intended to place the Plaintiff in a situation that is as similar as possible to the situation that the Plaintiff would be in had the contract not been breached. Common breach of contract claims include unpaid invoices, consumer disputes, commercial leases, and defective workmanship. There is generally a duty to mitigate your losses when it comes to contract disputes. If one fails to mitigate their losses there is a good chance that your monetary award will be restricted or may be completely diminished, depending on the circumstances. Unjust enrichment is a common law cause of action closely related to breach of contract. If one party requests that another party perform a service or provide goods on the first party's behalf and there is no agreement as to the amount of payment for the service or goods, unjust enrichment and quantum meruit will often be used by the court to decide the value of the service or goods.
Torts
Torts are civil causes of action that were created by court precedent. Many torts have their roots in foreign common law legal systems, commonly England. The purpose of torts is to place a Plaintiff in a position that is as close as possible to the position that they would be in had they not been wronged.
Statutory Liabilities
Statutory liabilities are claims that have their basis in laws passed by the legislative branch of government. Some statutory liabilities have their roots in common law precedent or torts, which can result in a lot of overlap. Common statutory liabilities include damages and harm caused by a dog and consumer disputes.
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Disclaimer: Phoning, emailing, messaging or otherwise contacting Joseph Gelinas, Licensed Paralegal does not establish a paralegal-client relationship. A paralegal-client relationship is only established if a retainer has been agreed to. Do not provide any confidential or sensitive information when contacting Joseph Gelinas, Licensed Paralegal. Nothing written on this site is to be taken as legal advice. Laws and the interpretations of laws are constantly changing and may have changed since this article was published. The facts of each case are unique and the laws may apply differently.
