LAW 525 Lecture Notes - Ant-Zen, Health Canada, Regulatory Offence
11 Feb 2014
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Contract law: only buyer can sue seller (if buyer gives product to someone else, they cannot sue) Sue for damages ($) for breach of contract terms if the quality, fitness or performance of the product does not comply with express or implied terms. Implied terms: from trade practices, from sales of goods act. Negligence: in the event there is no privity nor implied statutory warranties then the plaintiff must try to prove negligence. Negligence failure to exercise reasonable care & results in a reasonable foreseeable injury to the plaintiff. Causes of action: breach of contract, tort of negligence, statutory cause of action. First go after under breach of contract and sga. Sales of good act fitness for purpose s. 15(1) a buyer gets an implied warranty of fitness for purpose. Court decided no: no evidence that son paid money, buyer is person who enters into the contract to buy the goods.
