LAW 724 Lecture Notes - Lecture 7: Undue Influence, Incoterms, Product Liability
Document Summary
Lecture 7: essential elements of a valid contract, intention to create a legal relationship. Law of contract: enforceability of contracts/ defects. Misrepresentation (false statement: breach of contract and remedies, privity of contract (big terms not met, breach of warranty and breach of condition (failure to perform small tasks, mitigation of damages (reduce the losses) Tort law: purpose of tort law (compensation, elements of a tort action, defendant owed the plaintiff a duty of case, defendant breached the duty, defendant"s conduct caused the injury, product liability, product liability in canada (based on fault) Bc vs. imperial tobacco canada p. 189: product liability in the united states (strict liability) Manufacturer liable if the consumer was not informed. Exception learned intermediary p. 190: product liability in the european union (directive on liability-after damage) International contracts for the sale of goods: importance of the primary contract, a typical canadian export contract, trade terms used in export sales, incoterms (provide a set of international rules for interpretation)