COMM 393 Lecture Notes - Lecture 4: Future Shop, Fundamental Breach
Document Summary
^ all sales (all these [s. 17, 19, 16, 18c] always apply to new and used good) While s. 18a and s. 18b only apply to dealer sales s. 20 a term that attempts to negate s. 17, 18, 19 is void in: retail sale of, new goods to, an individual for, own non-business use. 1: buyer does make purpose known, buyer does show reliance on seller, this isn"t a sale under trade name. All the terms in s. 18a apply and there is a breach of contract. S. 20 applies as well, so sale of goods act applies (even though contract states it excludes statutory warranty) S. 20 forces sale of goods act to protect consumer. There was a fundamental defect and the product was not merchantable quality to begin with can be override. Thus there is a violation of s. 18a and s. 18b. S. 20 doesn"t apply because this is for business use, thus the sales of goods act. Sales of goods legislation does not apply.
