LAW 525 Lecture Notes - Lecture 3: Consumer Protection, Implied Warranty, Health Canada
28 Mar 2016
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Tort liability- prove the seller was negligent in making the product (donahugh vs stevenston , snail in a ginger beer ) Valid provincial legislaion under secion 92 (13) property and civil rights of consituion 1867. Only deals with goods, does not cover services. A buyer- person who buys or agrees to buy goods. Under secion 15(2) of the charter there is an implied warranty from a seller of the good. Under secion 15(4) there can be both an express and implied warranty. Under s (53) you sign of your right to use any warranty except express warranty. Minor and stepdad went to store to buy bike, bike had malfuncion and severely injured minor. Lawsuit brought by rescch family to canadian ire family (franchisee and bike manufacturer) Stepfather bought the bike , not the son (actual sale of good was on stepfathers card) Privity of contract tells us that son cannot bring a lawsuite under contract law.
