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ARTICLE · 11 JULY 2023

Court Accepts 👍 Emoji As Electronic Signature

This is a summary judgment application brought by the plaintiff, South West Terminal Ltd. ("SWT") for judgment against the defendant, Achter Land & Cattle Ltd. ("Achter").

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This is a summary judgment application brought by the plaintiff, South West Terminal Ltd. ("SWT") for judgment against the defendant, Achter Land & Cattle Ltd. ("Achter"). SWT claims the parties entered into a contract in which SWT agreed to buy and Achter agreed to deliver 87 metric tonnes of flax for a contracted price of $669.26 per tonne, with delivery between November 1, 2021 and November 30, 2021. Achter did not deliver any flax. The plaintiff sued for breach of contract and damages of $82,200.21 plus interest and costs.

The defendant denied entering into the contract and in the alternative or in addition relies on the statutory defence found in s. 6(1) of The Sale of Goods Act, RSS 1978, c S-1 ("SGA") contending any contract is unenforceable because there was no note or memorandum of the contract made or signed by the parties.

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