LAW 122 Chapter : chp 9 .doc

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Henry Ojambo

Document Summary

Law122: handout for chapter 9 implied terms (september 2011) Take for example the sale of goods act (all of the common law jurisdictions in canada have adopted virtually identical legislation) and consumer protection laws in different jurisdictions in canada. The sale of goods act provides default rules. That is, it is not intended to interfere with parties" right to create contracts with different terms. In fact, it is very common that parties signing a contract opt out of these rules. Protection act, 2002 (cpa) stipulates that for consumer agreements, attempts to vary or negate a condition or warranty under the sale of goods act will be void and of no effect (see summary discussion of relevant cpa provisions below). It is important to distinguish between property and possession as they do not always coincide: the sale of goods act imposes on us (implied terms) some surprising rules as to when property passes.