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Digest of the week - "liability for mis-spelled tattoo"

2012 CarswellNS 476
Huckle v. Spencer 

Nova Scotia Small Claims Court

Judgment: June 1, 2012


Torts | Negligence | Duty and standard of care | Duty of care

Claimant obtained tattoo from defendant — Tattoo was misspelled — Claimant brought claim to recover anticipated future cost of removing rest of tattoo — Defendant questioned whether entire tattoo should be removed arguing only bottom line containing misspelling would have to be removed — Claimant did not wish to have tattoo anymore — Claimant had judgment against defendants jointly and severally for $8,991 — It was not reasonable to hold claimant to continue to have tattoo given claimant's experience — It was not proper case for finding of contributory negligence — Parties entered into contract — Defendants undertook legal duty to use all of best skills and care in creating tattoo that closely matched what claimant wanted — It was not standard of perfection — Spelling mistake was clearly breach of duty of care.

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