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ADMS 2610 Study Guide - Regulatory Offence, Consumer Protection


Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine

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Consumer Protection
Statutory Warranties: express warranties; apply to all sales of consumer goods provided by
Consumer Protection Act
oLegislation includes warranty that the retailer has the right to sell the goods and that the
goods are free from any liens or encumbrances
oLegislation includes a requirement that the goods be durable for a reasonable period of
time
oLegislation requires a warranty that spare parts and repair facilities will be available for a
reasonable time after the date of the sale, if the product is one that normally may be
expected to require repair
oAct imposes an obligation on the seller to comply with any or all other warranties or
promises for performance made either through advertising, writing, or statements made
at the time of sale  statements or representations treated as express warranties and
actionable in the event of breach
oRemedies depend on nature of the breach and include exemplary damages as a remedy
if the seller or manufacturer willfully acts contrary to the statute; provision for mediation to
reduce litigation
oConsumer who wish to exercise rights under the Act are obliged to do so within the basic
provincial limitation period (2 years after the alleged violation took place)  time limit
doesn’t affect ordinary common law remedies.
Section on itinerant sales
Section on unfair business practices
Section on restrictive trade (p. 542)
Section on collection agencies (p. 543)
Section on credit granting consumer protection (p. 543)
Section on credit reporting consumer protection
Competition Act
Mergers and firms of prominent position and conspiracies and restraint of trade
Pp. 637-638
Reviewable activities and offences related to promotion and advertising (pp. 639-641 à
understand double-ticketing)
Regulatory offenses (competition tribunal and make decision to take matter further and change
into strict offence or treat it as a regulatory offence and regulate company that is doing it) and
strict offences (criminal à automatically guilty); individual who suffered damages under the
Competition Act has a right to commence a civil lawsuit in tort for damages (remedies of
conviction, fine, penalty, possibly imprisonment for directors, prohibition, and civil action)
Learn explanation of due diligence test
DO NOT NEED TO KNOW BAILMENT FOR FINAL EXAM
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