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Canada (161,858)
MCS 3040 (228)
Chapter 23

Chapter 23- Sales and Marketing-1.docx

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Marketing and Consumer Studies
MCS 3040
Joseph Radocchia

1 Chapter 23 Sales and Marketing The contract Product and Promotion What is Marketing Law All three levels of government regulate marketing federal provincial and municipal The main objectives of these laws areTo protect consumers from physical harmTo foster fair competitionTo protect consumers from unfair selling practicesThese objectives give rise to laws regulating a multitude of issues includingImplied conditions and warranties for the sale of goods and services Product safety standardsDisclosure on packaging Standards for honest promotionAnticompetitive practicesDistribution of products Marketing Law All areas of law that influence and direct the creation promotion pricing and distribution of goods and services or ideas Contract of Sale Terms Relating to the Product The foundation of the common law concerning the product is contained in the Latin phrase caveat emptor The law requires prospective purchasers to take care of themselves to be aware of what they are purchasing and to make appropriate investigations before buying itHowever the caveat emptor law produces unfair results and therefore a protection for the purchaser of goods were provided Caveat Emptor Let the buyer beware or let the buyer take careSale of Goods and Legislation in Canada Sale of goods legislation applies only to the sale of goods Under the legislation goods generally means what it meant at common law personal property in its tangible portable form as well as items attached to land that can be severed The legislation classifies them as either conditions or warranties Conditions are terms that are important or essential to the purpose of the contract Though warranties are classically understood as being minor or collateral terms they can also be very important Conditions and warranties are as followsConditions that the seller has the right to sell the goodsThat the goods will be reasonably fit for the intended purpose where the buyer expressly or by implication makes it known what the intended purpose of the goods will be in such a way as to show that he is relying on the skill and judgment of the seller Not that a buyer does not have to make his intended purpose known when goods are used for their ordinary purposes
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