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Lecture 9

Management and Organizational Studies 2275A/B Lecture Notes - Lecture 9: Barter, Microsoft Onenote, Primary And Secondary Legislation


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
James Hildebrand
Lecture
9

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Occupiers Liability Act --> invitee vs. licensee (got rid of the difference between the two points)
Wrongful Dismissal:
Terminated employment without giving enough notice or give pay instead of notice
Instructive dismissal
If you are in a union you have a special type of contract (collective agreement)
Effects everyone who is employed
Governed the employees and employer and union behaviour
Loose right to sue employer
Labour law is only people that are in a union
Sale of Goods:
Area of law because things have been fixed and corrected by statue (Sale of Goods Act)
Sale for money of a good --> NOT a service or land
Goods = moveable property
Contract with two elements: Promises (mutual) and transfer of goods
Can be immediate (sale) or future (agreement to sell)
Has to be monetary consideration for goods
NOT barter
Technically should be in writing if over $50 but not honored often because so many ways around it
If you accept part of the goods or give part payment
Transfer of Title
Lawful ownership typically goes with possession but not always
If good is destroyed after contract is made then you are still bound by contract to make the
purchase
The title (ownership) had already been transferred --> they bear the risk of loss
Risk of Loss follows the title
Transfer of title occurs when:
i.An unconditional (goods being sold exactly as they are there is nothing to be done, contract
for the sale of specific goods and they are already in a deliverable state then the title of the
good passes to the buyer when the contract is made
ii.For a sale for a specific goods when something has to be done to them to put it in a
deliverable state, title won't pass until it has been done and the buyer has been notified
iii.Contract for specific goods and they need to be weighted, or tested or anything to figure out
the price then the title doesn't pass until that has been done and the buyer has been notified
iv.Goods that are delivered to the buyer on approval the title will transfer when the buyer
signified approval or acceptance (showing adoption of the contract) or retains possession
without notice of rejection
v.HE DON’T GIVE A FUCK
Warranties & Conditions
Two types of terms in a contract:
Warranty - type of this breach can let us sue for monetary damages but no financial
compensation or rescind
Conditions - can repudiate/rescind/avoid if it is breached
Even though it might be specified if it is a condition or warranty the courts will look beyond that to
judge the true type of term (based on behaviour, etc)
Implied condition that the seller has the right to sell what the buyer is purchasing
Warranty on the Sale of Goods act that the goods or incumbrance (there is no lean against the goods)
When goods are sold by description it is a condition that the goods have to correspond to the description
the buyer can reject
When goods sold by sample it’s a condition that the goods are exactly like the sample
Buyer must get a chance to inspect
Condition that they are free from any defect that can be seen on a reasonable inspection
Merchantable quality
Caveat Emptor = buyer beware
If you can see a defect in an ordinary inspection and you miss it then you're stuck with it
If hidden defect then this will not apply
When the seller supplies a particular type of good and the buyer is reliant on their expertise then it is an
implied condition that the goods are capable for the purpose described by the buyer
Sellers duty to deliver goods on time and at the specific location if there is no time specified then must be
in reasonable time - condition
Quantity is a condition - if they don’t deliver the right amount you can reject (if you accept the entire
quantity you have to pay for it all)
If it is not a consumer contract then you can contract out of these terms or minimum standards
Consumer is when going to ultimate end user
Excluded application then the obligations are strictly enforced under common law and the contract is
strictly interpreted
Some contracts have a 'cooling off' period
Under Consumer Protection Act
Duties of the buyer
Lecture 9
Monday, March 21, 2016 7:11 PM
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