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Canada (161,803)
MCS 3040 (228)
Chapter 23

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Department
Marketing and Consumer Studies
Course
MCS 3040
Professor
Joseph Radocchia
Semester
Fall

Description
Sales and Marketing: The Contract, Product, and Promotion yuh Marketing is regulated by three levels of gov: Federal, provincial, and municipal Objective of the Laws: - to protect consumers from physical harm - to foster fair competition - to protect consumers from unfair selling practices Marketing law: All areas of law that influence and direct the creation, promotion, pricing, and distribution of goods, services, or ideas. Key aspects of Contract of Sale Terms relating to the product: Caveat emptor: “let the buyer beware” but this can be used unfairly at times Sale of Goods Legislation in Canada: an influential piece of legislation based on such common law principles (a reasonably predictable set o exceptions to the doctrine of caveat emptor was established as in a contract for the sale of goods is understood to contain a term that the item sold is fit or appropriate) Limitations of Sale of Goods Legislation: - generally only to goods not land or services - requires there to be a contract between parties - permits contracting out of implied terms (both parties can agree that terms will not apply) - does not address pre-contractual reps made by the vendor Specific goods: goods that are identified and agreed on at the time a contract of sale is made Unascertained goods: goods not yet set aside and identifiable as the subject of the contract at the time the contract is formed Rules within the Contract as to who the goods belong to: Rule 1: If it is in deliverable state, the property in the oods passes to the buyer when the contract is made. Doesn’t matter when the time of payment or the time of delivery is. Rule 2: If there is stuff that needs to be done by the seller before putting them into deliverable state, the propert does not pass until the thing is done and the buyer has received notice. Rule 3: If things need to be measured etc for the purpose of pricing, (testing or weighing) the property does not pass until such act or thing is done and the buyer has received notice Rule 4: Where goods are delivered to the buyer on approval or on “sale or return’ other similar terms, the property passes to the buyer a) when she signifies her approval or acceptance to the seller or does any other act adopting the transaction b) if she does not signify her approval or acceptance to the seller but retains the goods w.o giving notice of rejection, when a time that has been fixed for the return of the goods expires, and if no time has been fixed, on the expiration of the reasonable time Rule 5: Where there is a contract for the sale of unascertained or future goods by description and goods o that description and state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property passes to the buyer and such assent may be express or implied and may be given either before or after the appropriation is made Damages for non-acceptance: damages to which a seller is entitled if a buyer refuses to accept goods prior to the title shifting Action for the price: the seller’s claim when title to the goods has shifted to the buyer Bill of lading: a shipping document that serves as a contract between the seller and the carrier Stoppage in transit: the right of a seller to demand that goods be returned by a shipper to the seller, provided the buyer is insolvent C.I.F: A contractual term making the seller responsible for insurance and shipping F.O.B: free
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