MCS 3040 Chapter Notes - Chapter 24: Csa Group, Sears Canada, Industrial Design Right

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Primarily concerned with protecting interests of consumers. Consumer: individual who purchases goods or services primarily for personal, domestic, or household purposes. Assumption that consumers are at a disadvantage. Primary source of competition law in canada is the federal competition act. To protect consumers: in contracts for the purchase of goods and services, from unfair selling and marketing practices, from physical harm and injury. Broader scope than sale of goods act. Applies to all forms of transactions (not just goods) Privity of contract cannot be used as a defence against the consumer in many provinces. Consumer protection legislation prohibits practices considered unfair. Unfair practices: illegal business practices that exploit the unequal bargaining position of consumers. A business targeting customers who are ignorant, illiterate, or unable to understand the agreement. Puts undue pressure onto consumer via marketing. Definition: a promotional statement made to a consumer that is false, deceptive, or misleading. The good has features that it does not have.

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