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Apology note left on dinged car was a ‘binding contract,' B.C. tribunal rules
A 10-word apology note a woman left on a car she dinged in a parking lot constituted a legal agreement to pay for repairs, B.C.'s Civil Resolution Tribunal recently ruled.
A decision on the dispute was posted online Friday, finding the handwritten note was enough to establish a 'binding contract' between the parties.
'The note read 'I dinged your back passenger door / happy to pay for!' and included a phone number,' tribunal member Maria Montgomery's decision said.
It was 'undisputed' that Carly Peddle 'caused the dent' and left the note in September of 2023 when she was dropped off at an event by a friend, according to the decision.
The owner of the damaged car, Richard Brooks, filed a claim with the tribunal seeking damages for negligence, asking for $500 as reimbursement for his ICBC deductible.
According to the decision, the two spoke on the phone after the incident, and Peddle offered Brooks three options: paying for the repairs after they were completed, paying $2,000 immediately, or leaving Brooks to pursue reimbursement through ICBC.
'The respondent argues that she did not agree to pay for repairs if the applicant filed a claim with ICBC,' Montgomery wrote.
However, the note contained no such caveat.
'I find that the respondent offered to pay the repair costs. I find that the parties' submissions and emails show that the applicant accepted that offer,' the decision said.
'I therefore find that the parties had reached a settlement agreement, which was a binding contract that the respondent could not later amend without agreement from the applicant.'
In addition to reimbursing Brooks for the deductible, Peddle was ordered to pay $125 in tribunal fees and $34.35 in pre-judgment interest.
