LAW 525 Lecture Notes - Lecture 2: Actus Reus, Regulatory Offence, Implied Warranty
28 Jul 2016
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Private law remedies: contract law, sue for dmgs ($) Breach of contract if the quality, fitness or performance of product does not comply with expressed or implied terms: implied terms. Sale of goods act: privity of contract. Only the parties to the contract can enforce it. B & s -> enter in contract. Only b can sue the s: tort of negligence, test, no privity of contract or implied statutory warranties. Resch v. canadian tire case: step father buy bike, bike defective and kid gets injured, s. 15(1) a buy gets an implied warranty of fitness for purpose. Called price and there may be a contract of sale between one part owner and another: court decision. Buyer is the person who enter into the contract to buy the goods: if the son was not the buyer under contract to purchase the bike there is no.
