MCSmidterm2 - MCS*3040 Business Consumer Law Midterm 2 Chapters 23,24,27,20,21,22,13,14,15,16 CHAPTER 23 SALES AND MARKETING THE CONTRACT PRODUCT

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MCS*3040- Business Consumer Law Midterm 2- Chapters; 23,24,27,20,21,22,13,14,15,16 CHAPTER 23- SALES AND MARKETING: THE CONTRACT, PRODUCT AND PROMOTION What is marketing law? - marketing law is governed by rules and regulations - regulated by all three levels of government; federal, provincial, and municipal - marketing law was created to; protect customers from physical harm, foster fair competition and protect consumers from unfair selling practices - if business sells products internationally, it’s marketing practices of that business subject to laws and regulations of other countries it sells in marketing law: all areas of law that influence and direct the creation, promotion, pricing, and distribution of goods, services, or ideas. - presented in terms of four p’s (marketing mix): product, promotion, price and place ( or distribution) contract of sale - aspects of contract focus on legal rules, thus are worthy of particular attention - important aspects include; terms of contract relating to product, remedies for breach of those terms, transfer of ownership of goods and principles relating to delivery of goods terms relating to the product - customers have expectations of their purchases that concern product attributes and characteristics ; though customer expectations might not be protected from legal perspective - foundation of common law concerning the product ‘ caveat emptor’ Caveat emptor: ‘let the buyer beware’ or ‘let the buyer take care’ - common law of caveat emptor requires purchasers to take care of themselves, be aware of what they’re purchasing and to make appropriate investigations before buying - if buyer desires specific characteristic, then must be included in contract; otherwise purchaser can be left without remedy if product proves to be deficient *common law of caveat emptor can produce unfair results, and so 19 th century judges began to create principles that would provide measure of protection ; sales and goods of legislation of Canada was created sale of goods legislation in Canada - governed by specialized branch of contract law; meaning that it is governed by the legislation - created in light of harshness of caveat emptor - where the legislation is not relevant, common law rules of contract apply goods: in context of refers to personal property in its tangible, portable form. Anything of substance that is portable. - goods in this context will also encompass property that is attached to land but can be severed ( ex. crops )
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- also includes implied specific terms into contacts; whether or not parties had expressly agreed to those terms - on this basis, reasonably predictable set of exceptions to doctrine of caveat emptor was established - sale of goods legislation applies only to sale of goods
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This note was uploaded on 02/13/2012 for the course BUS 3040 taught by Professor Lindachiasson during the Winter '11 term at University of Guelph.

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MCSmidterm2 - MCS*3040 Business Consumer Law Midterm 2 Chapters 23,24,27,20,21,22,13,14,15,16 CHAPTER 23 SALES AND MARKETING THE CONTRACT PRODUCT

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