class notes - oct 16 - exclusions, collins, poole

class notes - oct 16 - exclusions, collins, poole - October...

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October 16 th Section.20 – Sale of Goods Act If the dealer sells new goods to an ordinary consumer (consumer purchase – goods being used for personal use only, not for business or resale) the dealer MAY NOT exclude liability under S17, S18, S19. Any attempt to do so is VOID. If the dealer sells used goods to an ordinary consumer, the seller MAY exclude liability for section 17,18,19. If no exclusion clause, the SGA does apply! If the dealer sells new or used goods to a buyer for business use , to a purchaser for resale , corporation/industrial enterprise , trustee in bankruptcy , liquidator , sheriff , then the seller MAY include an exclusion clause. If no exclusion clause, the SGA applies! Exclusions When exclusions WORK : Dawe vs. Cypress Bowl 1 Where the seller does what is reasonable to bring terms to buyers’ attention. 2 Where exclusions are unenforceable a. Where seller does not do what is reasonable to bring terms to buyers’ attention b. Where the dealer sells NEW goods to an ordinary consumer under the
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at UBC.

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class notes - oct 16 - exclusions, collins, poole - October...

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