PP slides 2 for SGA copy

Analysis strange result not in line with canadian

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Unformatted text preview: must have more explicit language to this effect, more then what is presented in this clause. Appeal denied UNIVERSITY OF ALBERTA Cont. • • • Analysis: Strange result Not in line with Canadian Supreme Court case Syncrude v. Hunter (Note the Syncrude does not have to be included in your Case Law Report) Clause: "Limitation of Liability Notwithstanding any other provision in this contract or any applicable statutory provisions neither the Seller nor the Buyer shall be liable to the other for special or consequential damages or damages for loss of use U N I V E R S I T Y O F A L B E R T A arising directly or indirectly from any breach of this contract, fundamental or otherwise or from any tortious acts or omissions • Varley v. Whipp (1900) Description vs. collateral warranty Facts: Description “self binder- only cut 50 acres, practically new” Actually item does not match description, its much older and very used. The buyer “does not care about old thing, and especially machinery.” • • • • UNIVERSITY OF ALBERTA Appeal • • May look confusing, but seller is suing buyer to recover purchase price (he was never paid), because claiming buyer cannot reject machinery on account of the description. The seller had never seen this item, sold it as agent to the buyer and had it shipped to buyer once contract formed between the parties. UNIVERSITY OF ALBERTA • • Law: If relying on description alone to sell item (no inspection) then description is a term in the contract. • Sale of Goods Act, 1893 (UK) UNIVERSITY OF ALBERTA Importance of Rejection UNIVERSITY OF ALBERTA • • • • Issue: Is buyers letter a rejection from July 2, 1899? Judge doesn’t think so, but buyer is lucky because Judge does not think it is an acceptance either. Best Practice: Rejection should be UNIVERSITY OF ALBERTA Beale v. Taylor (1967) • • “Unfortunate, and unusual” case Mr. Taylor (Seller) thought he had a Herald convertible, 1961, 1200 twin-carburetor. UNIVERSITY OF ALBERTA • • • Terms of sale from ad: “Herald convertible, white 1967, twin carbs., £ 190. Telephone Welwyn Garden” Buyer is a 20 year boy with his mom...
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This document was uploaded on 01/23/2014.

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