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COMM 393
Alan Hu

Comm393250609Class4ExemptionClausesandCapacityWritings17ImpliedTermastocorrespondencewithdescriptions19ImpliedTermastocorrespondencewithsamplemerchantabilitys16ImpliedTermastocleartitles18cImpliedTermastoreasonabledurability ALL SALES all these s17 19 16 18c always apply to new and used goodWhile s18a and s18b only apply to dealer saless20 a term that attempts to negate s17 18 19 is void in1Retail sale of2New goods to3An individual for4Own nonbusiness useEg Balary v Marshall p331Sued under s18a1It is a dealer sale2Buyer does make purpose known3Buyer does show reliance on seller4This isnt a sale under trade nameAll the terms in s18a apply and there is a breach of contracts 20 applies as well so sale of goods act applies even though contract states it excludes statutory warrantys20 forces sale of goods act to protect consumerEg Fording Coal V HarnischfegerThere was a fundamental defect and the product was not merchantable quality to begin withThus there is a violation of s18a and s18bs20 doesnt apply because this is for business use thus the Sales of Goods Act can be overrideSales of Goods Legislation does not applyThus court would not award Fording the 560000Under International Sale of Goods Act if Harnischfeger is in Germany buyer loses any warranty after two years unless stated in the contract thus court would still not award Fording damages if Harnischfeger has its operations in GermanyWays around Exemption Clauses1 s20 of sale of goods act
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