LAW 525 Chapter Notes - Chapter 3: Actus Reus, True Crime, Mens Rea

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20 Aug 2018
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Implied terms: from trade practices, from sales of goods act, privity of contract. Product liability claims under common law: negligently manufacturing a product, negligently designing it or failing to warn foreseeable users of the product of dangers inherent therein. Although negligence has to be proven in each case, manufacturer will be held strictly liable if a product has a manufacturing defect (i. e. , it was built in a way not intended by the manufacturer) Manufacturer distributor retailer consumer. Legislative intervention at all relationship levels: state players --- federal, provincial, municipal. Only relates to the purchase of goods. Deals with all levels of transactions: valid provincial legislation under section 92 (13) property and civil rights of constitution 1867. Minor and stepdad purchased a bike from the defendant store the bike had a malfunction and severely injured the minor the family sued canadian tire (franchisee and bike manufacturer) bringing a claim under the sales of goods act.

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